Q: what are the timelines for for eviction for nopayment of rent? If renter doesn't pay, how long do they have to leave?
Tenant of a month to month agreement had boyfriend move in and he brought an RV, I said I didn't want it here and left it at that cause he's a big guy. He hasn't paid rent in 6 months or more, and now owes me over a thousand dollars in back rent. Everytime I tell him I don't want him there, usually over him trying to start a fight, he tells me to get cops to get him out of there. I'm not trying to involve the police, but it seems like maybe I should at this point. I have served him with a 72 hr notice for threat of physical violence, and he said if it's not notarized it's not valid, then pretended like it never happened. If I serve him with a notice for not paying rent, does he have "x" amount of days to come up with the money he owes or leave? Or do I need to wait however many days to see if he pays rent, and if not, serve eviction notice and wait the 60 days for him to leave(been here longer a yr)? And if he leaves without paying how do I get go about getting i
A: You need to review everything in detail with a landlord-tenant attorney to determine exactly what remedies you may qualify for and how to best implement them. IF you truly are owed back rent, the remedy is service of a 72 hr notice and evict if not paid or vacated. That is all the a 72 hour notice is used for. Behavior issues normally use either a 24 hr or a 30 day notice, depending upon the details. Notarization is not required but all notices must contain the legally required information (NOT just "pay or get out in 72 hours") and be lawfully served. Hence the recommendation to review everything with an attorney. Good luck.
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