Eviction question.....

mldollins · #1 09/30/09, 01:33 PM

My wife served our tenants a 30 day notice to vacate. The renters chose not to pay the rent in September. However, one thing she did not do is have the notice notarized. Could this pose a problem? I do know it needs to be notarized before filing in court.

thanks

Alice In TX/MO · #2 09/30/09, 01:36 PM

Much depends on your state laws, county courts, and lease agreement.

You need to talk to a local attorney.

Alice

Common Tator · #3 09/30/09, 01:41 PM

And you chose not to list your location.

indianheadranch · #4 09/30/09, 01:50 PM

Quote:

Originally Posted by Alice In TX/MO

Much depends on your state laws, county courts, and lease agreement.

You need to talk to a local attorney.

Alice

I agree with this 100 %, but good luck on getting them out this day and age with the economy the way it is, just hope they don't have small children & go to court, seen renters take doors off windows out & the occupants hang sheets & curtains in replace of missing objects and still couldn't get them out so good luck,
just for information thats why i sold the 7 rent houses i had, the headache is not worth the income especially when you have terrible renters.

Gercarson · #5 09/30/09, 01:53 PM

I always chose to pay the sheriff to deliver the eviction notice - made more of an impact and not too easy to ignore.

grannygardner · #6 09/30/09, 01:57 PM

When I was a property manager I always paid the small amount to have a notice served. It was well worth it.

mldollins · #7 09/30/09, 02:17 PM

Let me clarify. We just gave them written notice that they need to be gone in 30 days because we want to put it on the market. The notice I sent was hand delivered by my wife and accepted by the husband. The question is whether that 30 day notice had to be notarized.

indianheadranch · #8 09/30/09, 02:32 PM

Quote:

Originally Posted by mldollins

Let me clarify. We just gave them written notice that they need to be gone in 30 days because we want to put it on the market. The notice I sent was hand delivered by my wife and accepted by the husband. The question is whether that 30 day notice had to be notarized.

Not to be a smarty, but in 30 days you will find,then 60 days,then 90 good luck

steff bugielski · #9 09/30/09, 02:39 PM

I know in NY the 30 day notice must be delivered by an uninterested party. In other words not related to the landlord.

blufford · #10 09/30/09, 03:50 PM

In some places it would be required to be sent registered mail. Stick a for sale sign on it now. Its your property.

2ndmouse · #11 09/30/09, 04:10 PM

Are these tenants on a 30 day lease or are you trying to break a 12mo or longer lease?

If you have a verbal lease and they want to put up a fight, you'll be posting here in 90-120 days updating us about them still being there.

I agree, the sheriff should do the deed and, just to be 100% safe the order should be notarized.

If you are really lucky, and are on good terms with the renters, you'll be good in 30 days.
If not, plan on not selling your house till mid summer of 2010.

grannygardner · #12 09/30/09, 04:58 PM

Quote:

Originally Posted by mldollins

Let me clarify. We just gave them written notice that they need to be gone in 30 days because we want to put it on the market. The notice I sent was hand delivered by my wife and accepted by the husband. The question is whether that 30 day notice had to be notarized.

Without knowing your location there is no way to answer your question. Every state has it's own laws regarding landlord/tenant law.

samm · #13 09/30/09, 05:30 PM

i post eviction notices on the back and front doors, or hand them to the renter. i give them 3 days notice, sometimes they get on out...if not i go to the court house and pay the law to have the constable to go and serve them the eviction, if they dont move then we go to court and see the judge,that is usually the next week, i win and then they get additional week to get out, if they dont move again,then i go back to the court house and get a writ of possession, and then the next week, the constable and me and a crew go and set thier stuff out by the road. its up to them if they want it or not, cuz at that point i am not responsible for it, it is a pain in the tail, so i screen as good as i can, and work with them as much as i can.
good luck dealing with them, cuz some folks can make ya crazy.....samm

mldollins · #14 09/30/09, 05:32 PM

Here is our plan. They were supposed to be out by Oct 5. However, we delivered the notice approximately 30 days ago without it being notarized. However, they have not paid september rent and rent for October is due tomorrow. It is unlikely they will pay for October.

Our plan at this point is to file a 5 day eviction for non-payment. This will allow us two months rent. Again, it is highly unlikely they will be paying us for both months. So instead of filing this Tuesday, it will be next Monday. It will be six additional days, but hey, at least it will be legal.

We did not do a 1 year lease but monthly. One year leases just don't do well in my area. But yes, we do have a written contract with both husband and wife signatures and the agreement to give 30 day notice, damage issues addressed, etc.....

So, no, it is not verbal...thank God.

Linda J · #15 09/30/09, 05:49 PM

What samm said. Where are you at? I just know about Texas because I work for the courts. Do you have a copy of the notice to vacate? You will have to give copy to the court to prove you have asked them to leave. It doesn't have to be notarized in Texas, but the eviction paperwork filed with the court will be notarized by the court clerk. You need to give a copy of the lease to the court, if it is written, at that time. Then the constable goes out and serves the legal documents, the renter has time to file an answer, and then court date is set. Usually the renter just moves by the time the court date comes around.

samm · #16 09/30/09, 06:01 PM

linda, i am in texas too. samm

Marshloft · #17 09/30/09, 06:05 PM

You also never stated """why"""" you gave them an eviction notice...

You give them an eviction notice,, and then complain because they didn't pay there rent????
I was given an eviction notice on April 15th of this year,,, non notorized,,,, that didn't matter to me,,, the landlord and I have always been on good terms,, He just mentioned he had decided to sell the property... All well and good,,, but,, I had to search for a new place to live within my school district,, as I had children,, that takes time....
Do you actually consider what decisions they have to make????
Edited to add: I didn't find a place till July... and NO,, I didn't pay rent for that period of time,, even tho I offered,, the land lord couldn't take the rent,, as the eviction would have been null and void...

Wisconsin Ann · #18 09/30/09, 06:15 PM

Quote:

Originally Posted by Marshloft

You also never stated """why"""" you gave them an eviction notice...

Quote:

Originally Posted by mldollins

Let me clarify. We just gave them written notice that they need to be gone in 30 days because we want to put it on the market. The notice I sent was hand delivered by my wife and accepted by the husband. The question is whether that 30 day notice had to be notarized.

Helps to read the responses.

Month to month you say....and hand delivered. Well, you've got a problem. If there was no signature receipt that they received the notice to vacate, they can say "what eviction notice?" Now, since you haven't gotten paid for September, you're probably in the driver's seat considering you're in Illionois (New Mexico....HAH you'd need to bulldoze the house to get them out and THEN they could sue you...but I digress). For it to be a legal notice that you are ending the rental agreement, it would need to be notarized and they would have to sign for the delivery of it.

If you haven't had problems with your renters before this, just go over and talk to them and see how it's going. See if they've found a place to move into. Maybe see if they'd keep the place up and in really good shape for you while you try to sell it. Most buyers of rental properties would LIKE to have a current paying renter, I'd think.

Marshloft · #19 09/30/09, 06:26 PM

because we want to put it on the market.
I'm not blind,,, I read that part....as a renter,, thats not good enough...
We as renters have right's too,,, we put blood,,, and sweat into what we rent,,, just as much as you do...
I paid 1450.00 a month,, for 5 years into this place,,, this was our home... My boys went to school 2 miles down the road..
Don't you ever tell me,, I have no rights.... EVER

ronbre · #20 09/30/09, 06:59 PM

some states will no longer allow you to evict in the cold months..so you need to hurry on it.