Q: i have issued 30 day non cause to a month to month tenant. What happens if they dont move now?
This has been going on for several months now...I issued a 72 hour, but made a mistake on it and she demanded a trial ... three days from the trial her attorney called and asked to have the case dismissed because they said we would lose do to the mistake and we would be responsible for all costs. We issued the 72 hour again by mail and 30 day no cause eviction, the 72 hour letter was refused and returned, the 30 day was not. So I filed for eviction and again and had a court date of 8/14/2017...but I missed it due to being sick, I am a disabled veteran and also a brittle diabetic, so i was ill at 9 am Monday...I called the court they said I have to start all over....so that is where I am....should I re issue a 72 or just let the 30 day run its course?
A: My first question is whether you did everything correctly on the 30 day notice. I don't know what you mean by the 72 hr notice being refused but ALL notices that are mailed MUST be mailed regular first class mail - NOT certified, registered, or any other special method. Given the tenant has demonstrated that she has an attorney, you should strongly consider having one too. If you had, your notices would have been correct and the tenant would have been long gone without your having to pay her court costs and attorney's fees, plus you presumably could have had a new, paying tenant in place now. The attorney would have saved you money. Presumably a 72 hr notice will still be faster, but which way to go depends on the facts, potential defenses she may have, and whether you really have either notice totally correct in both content and in method of service.
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