Originally posted by @Douglas Snook:
A couple of points if you have not sent it out already.
If they are there under a lease and the lease expires at the end of August and you are not renewing it, depending on what the lease says it may automatically renew OR it may convert to a month to month. Read your lease!
You wanted to give her notice that the lease is not being renewed back in at least July. That would make her a hold over tenant on Sept 1. You could proceed right away with the eviction rather then have to give her a 30 day notice.
So I will assume she is now going to be month to month as of September 1 and that the lease does not renew for another year.
First have the notice served by a Constable or sheriff NOT by mail! I always use a constable or sheriff. Is it required no but it makes it better if she questions whether or not she got the notice. The Constable will post it on the door if no one answers and mail a copy.
Second, if you know there are other people and you know their names send EACH one a separate notice addressed to them as well. You will name each of them on the eviction case with the court if needed. You don't want her to leave and these others not to or if you have to move her out have them rush into court and say they are not named and therefor they can stay.
If you accept any money be sure you put on the receipt that it is for use and occupancy ONLY and not renewing the lease. This language should also be in the notice that you give her.
Feel free to contact me with any other questions
Thanks for this reply @Douglas Snook!
- We purchased the property at the end of the July and it is our first property which is why we could not let her know we weren't renewing sooner (but good to know for the future). The previous owner told us she informed the existing tenants that the new owners (myself and my partner) could be asking for higher rents and we could ask them to leave. The previous owner was also fluent in Spanish so I know she communicated directly with the tenant in question. We didn't want to be serving a 30-day notice 28 days into our land lording careers...But, here we are.
- Great point about the lease auto renewing. We checked the previous lease and it doesn't renew.
- We decided to serve the notice through AABCO Constables who says on their website they are "Eviction Experts". We have hired them to send the 30-day notice and hopeful it will get to my tenant today or tomorrow. We also made sure they provide the required information needed to serve the 30 day notice in Spanish. They told us they will record and provide a record for us of all the steps taken to serve her the 30-day notice. They told me they are officers of the court so I feel confident delivering the notice will hold up in court in our favor if it comes to that.
- I don't know the names of the other roommates (part of the problem). We addressed the 30-day notice to her "and any/all other occupants". Hopefully that will be enough if it comes to eviction, but I'm not sure. The good news is that the original lease specifies that no one over 18 is allowed to live there without being named on the lease. Again, if it goes to court hopefully that will work in our favor.
- She only pays the rent in cash. When I collected August rent I provided her a receipt that we have a record of. For September's rent when I issue another receipt are you saying I should specify on the receipt that the money collected is "For use and occupancy only"?
Also we are living in the building and about to move in. Any tips on how to approach communication with her through this process? She only speaks Spanish, her sister has translated so far and they push for in-person meetings every chance they get. I think they will try to do this again, but it seems like this is the time for recorded correspondence only.
Thanks again for your feedback. I don't feel 100% great about the steps we've taken so far, but I also don't think we have made any drastic mistakes either.