Notice to Pay or Quit

[Michelle Lyons]

I have tenants who are behind on rent for various reasons. Last Sunday I told them if they'd at least pay $500 that I would promise to not file Disposessory on Monday and they did pay. They are still behind a month and change.

It's become blatantly clear now over the last couple of days that they are not getting out of their hole anytime soon ($1200 water bill they have not paid in 9 months and have been cut off...) and they will make rent the last priority.

I would like to file 3 day notice to pay or quit. I know you can't take money after you make notice, but is there a period of time before giving notice that I must wait. Tenant keeps saying I can't file because they gave me money last Sunday. I didn't think it worked in reverse but thought I'd confirm with experts. I said I wouldn't file this week.

Also the reality is the notice to pay move is to reel them back in because they have gotten out of control on rent and other behavior. I know the costs of securing new tenants... and that one month is not a big deal but I either need to train them or get them out. 

Thanks in advance for your advice and expertise.

Michelle