Landlord Question and Answer Forum

HI I have a tenant who lease ends 9-30-2019. I sent a certified letter to her which was attempted to be delivered on 8-30-2019. She called saying she got a certified letter slip and asked what the letter was. I told her it was regarding the lease. She knows it is the notice of non-renewal but refuses to pick it up. Now she says she was not given proper notice and asking to renew the lease which I told her we would not do. And she was not aware that she would have to move at the end of the month. She has many excuses for why she has been late on her rent several times. She still has not paid all September rent along with other months, including late fees. She wants me to have compassion for her situation. I fear she will not move out on the 30th of this September. The certified letter shows attempts to deliver but she is not accepting it. Does she have a right to stay longer than her lease agreement?

Does your lease say that at the end of the lease it will automatically renew on a month-to-month basis? If so, you can still get her out, it just may not be on 9/30/19 but instead on 10/30/19. You still have some choices. Send her another non-renewal certified letter, but also have a sheriff hand-deliver the same notice. And tape a copy of that notice to her front door, or on some other visible location where the tenant will see it. Also, since she has not paid any rent in September and her lease ends on 9/30/19, you could send an Official 3 Day Demand for Compliance. You could also a Colorado Official Notice to Quit. See this website under eviction notice forms. Copying from this site, "The Notice to Quit - §13-40-107, C.R.S. (1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: (a) A tenancy for one year or longer, -ninety-one days; (b) A tenancy of six months or longer but less than a year, twenty eight days; (c) A tenancy of one month or longer but less than six months, seven days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days; (e) A tenancy for less than one week, one day." Once you give her proper written notice following my suggestions above, she does not have the right to stay longer than what's stipulated in whatever notice you give her. You might have to start eviction, but you will prevail with good documentation. Unfortunately, with some tenants, compassion is a sign of weakness. She wants compassion, but that probably means she really wants to live in your property for free. You, however, are not a charity. Good luck.

Posted by Jacqueline O, TX on Thursday, September 12, 2019

Thank you so much! I will that.

Posted by Gloria M, CO on Wednesday, September 18, 2019

The laws vary from state to state as far as notice to non renew, unless of course it is stipulated in the lease. In Florida it's 30 days for an yearly lease. Most landlords will include in FL a clause stipulating 60 days. It is right that if rent is due that a 3 day notice needs to be posted. You did say she paid some though. It gets sticky when tenants pay some and not all the rent. Once a landlord receives a partial payment, in Florida, its as if you accept the default of non payment of rent. I think you'll have to wait until Oct. 1 and through any grace period, if you have one. If rent and back rent not received by the 1st you tape the 3 day notice to her door(business days) and if you have not received payment in full by then you move to evict. Dont accept any partial rent. She'll have to put rent owed and a court percentage held by the court until you get writ of possession. Could take a month. You can inform her that she will have an eviction in her history and could make for difficulty in renting in the future. Never easy. Accepting late rent routinely becomes a problem child for the landlord.

Posted by John K, FL on Tuesday, September 24, 2019