Non-renewing Lease and No Rent

[Brandon V.]

Hi All,

I recently sent out a non-renewal lease notice to a month to month tenant on 9/29, saying their final day was 10/31.  They texted me and confirmed that they had received the notice on 10/1.  In that notice I also mentioned that rent was due for October.  The 5th came and went without any rent payments and I have posted a 5 day notice now to pay or quit.  My question now is do I go through with the eviction or just wait until they move out on 10/31 and deduct from the security deposit.  My security deposit is equal to the rent so the late fee wouldn't be included or any other deductions.

If they don't move out on 10/31, then I file immediately.  

Thanks,

Brandon

[Jennifer T.]

I almost had this happen to me in August.  We'd given her a notice to vacate no later than 8/31.  But was late on August's rent.  She finally got me the rent on the morning AFTER the Pay or Quit notice expired.  Luckily for her, it was before my H had gone to City Hall to file for an eviction.  But she didn't leave on 8/31 and we still ended up having to evict her.

Don't hesitate to file an eviction for non-payment of rent!  There is no reason not to.  It doesn't matter they're "supposed to" move out on Oct. 31st.  They may not.  And at least you get the ball rolling early.

You're already out October's rent.  That is not what the security deposit is for.  And if they don't move in Oct. and you have to file for an eviction after that?  You will probably be out at least Nov.'s rent also.