3 Days to Vacate but tenant is still there

[Shaun Hunt]

So, I did serve a 3 day notice to vacate, the tenant is reluctantly complying. I think that he will leave tomorrow which is day #6 since the notice was given.

I have not retained a lawyer, as of now.  I have one waiting, if needed.

The violation came on day #1 of the lease, smoking in a non smoking apartment after telling the management that he didn't smoke. He also moved in four adults and two kids when on the lease he was given permission for two adults and one kid.  He was made aware of the violation on night #1.  On Day #14 of his lease, the tenants next door sent a message to management complaining of the smoke now entering their premise, filling their garage, laundry room, bedroom and bathroom.  That same day is when notice was given.

The tenant refused the 3 day notice claiming that he had seven days to comply.  He is currently on day #5 since notice was given. Management was told he will be gone on day #6.

Just a few questions:

#1 Is the "evicted" tenant still obligated to pay rent until a new tenant is found, even without a judgement?

#2 What would be considered reasonable when eliminating any smoke smell from the apartment?

#3 Is "evicted" tenant obligated to pay gas and electricity until an new tenant is found or is that only allowed if there is a judgement?

Thanks in advance!

[Shaun Hunt]

Thanks @Jim Goebel, I think that is the best thing to do, at the moment. I will give them a call tomorrow. I really hope it is a smooth eviction and that the dude doesn’t bust up the place.