can we talk about eviction notices for a second? (long) — The Bump
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can we talk about eviction notices for a second? (long)

We rent a loft to this chick.  She pays rent on time.  No issues thus far; she's been there almost a year.  Today I got an email asking if I can send her an eviction notice so she can take it to some government funding office that will help her with rent.  She was let go from her job last month and I guess hasn't found one yet.  This is the first I had heard about her losing her job.  Rent is due tomorrow.  I don't think we really will have to evict her as I think her parents will buck up if she really can't pay and if this Gov't funding is a bust.

So H and are discussing what to write in this eviction notice.  Do you normally charge a late charge/penalty before issuing an eviction?  Do you have to give a certain amount of time?  I'm thinking we should be more strict in the letter than we really intend to be just to fast track her application and to put a little fear in to her.

I'm a little annoyed that she left it until the day before to deal with this.  Also, there are jobs here.  Almost every 7 11 is hiring as are retail places and fast food places.  Sure the high paying, good jobs are all snapped up but if I couldn't pay rent and had been unemployed for a full month I would be walking my ass to McDonalds.

We didn't do a very detailed lease agreement which we have totally learned our lesson, so no need to preach about that.  When the lease is up or with any new tenants we will have this covered.

Re: can we talk about eviction notices for a second? (long)

  • just be careful that you don't get caught up for falsely evicting her.
  • This sounds fishy to me.  Are you sure this letter isn't her 'get out of jail free' way of breaking the lease?
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  • I don't know a lot about it, but I think she has to be so many months behind on rent before you can legally serve her an eviction notice. ?My MIL rents a condo and I know she can't serve one immediately. ?A government agency may come down on you if you don't follow the proper protocol.
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  • When I use to rent apartments we started charging a fine after 5 days late and we would evict with 2 months unpaid rent.
  • I wouldnt do it, if it comes back on you its fraud
  • not too worried about falsley evicting her as if she really doesn't pay we will evict her, we would just be willing to work with her a little bit (installments or something)  also her lease is up May 1 so I don't think it's worth it to break the lease, we would just keep the damage deposit.  Who knows.
  • As far as I know, it's pretty hard to evict someone.  If she hasn't even been late on the rent yet, I don't know how you're going to make the letter look legit unless you lie.  You should look into the rental laws in your province before you do anything.
  • I am pretty sure, you would be falsifing goverment records and that could wind you up in front of a judge. You are basically lying so she can get some sort of government assistance. Bad idea.
  • It really is a matter of the law where you live. Given that you live in Canada, I have no idea what the eviction process is like. DH and I own a few apartments and have had to evict a tenant.  The actual eviction process took about 2 months and a judge in the housing court had to rule that an eviction was necessary.  I wouldn't play games with that stuff.
  • Ah isn't being a landlord great!? lol ?

    Ok we bought the book The Weekend Landlord it comes with a cd with all these forms. Rent is due the first, late the 5th, eviction paperwork is served the 6th unless the tenant has been in contact with me. ?We first send a personal notice if that is ignored then we go to the court and have the sheriff serve the tenant. ?

    I would be careful about falsifying an eviction notice. ??

  • looks like tennants must be give written 2 weeks notice for a substantial breach of contract ie. not paying rent but we can evict her with just two weeks notice.  Hmm.  Canadians are mean :) 

    H and I will discuss this further and do a little more research.  But we really aren't considering this falsifying documents or whatever as if she can't come up with the money we really will evict her.  But good points and thanks for the insight.

  • *Bre**Bre* member
    yeah....fraud is not such a great idea. As you said if she's capable of getting some retail job somewhere, she should be doing that and not sapping funds away from others because she wants a better job. sorry I kno that wasn't your question.
  • I am the director of a property management company.  In Utah you can issue an eviction notice as soon as the rent is late.  Our lease agreements state that rent is due on the 1st of the month but we give a 5 day grace period.  Late fees begin accruing on the 6th.  On the 6th of the month is when we issue 3-Day Notices to Pay or Vacate.  If your lease does not list a grace period then you can issue a 3-day notice on the 2nd.  I would not issue the notice before rent is late.  As previous posters have said, that is fraudulant.

    Good luck!

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