Last Month's Rent - Eviction

[Jessica Haggerty]

I have difficult tenants who are on a 1-year lease.  Month three (this month-June) they let me know they were unable to afford the house and wanted out of the lease.  Since they have been such a headache, I am in favor of this.  A local attorney suggested giving them a 14 Day Quit notice, to let them out of their lease, and pro-rate the month of June. 

The predicament I am in now is: it is June 10th and they still haven't paid the prorated rent. As usual, their rent was due on the 1st and late fees applied on the 5th.

Can I serve them a 3-day pay or quit notice today or do I have to wait until the 14 days are up (on the 22) and evict them if they are still there?  My fear is I will end up eating this month's rent.

[Nicole A.]

Well, don't fear that too much. You'll keep their security deposit. 

If you serve a pay or quit....won't they just "quit"? They'll move out and be gone. You'd have to file (also?) for a money judgement perhaps.

But I'd say just be ready to keep all of their security deposit and get it back on the market asap. Don't fear missing out on some pro-rated rent.