Landlord Question and Answer Forum

Hi, We have a tenant who has not paid his rent in three months. Each time we talk to him, he is always on his way to our home to pay. He never shows up. I then call him and he does not respond to my phone calls, nor my text messages. I have visited the property and no one is there. We had to get a lock smith to open door, and his belongings is still there. I spoke to the neighbor, and the tenant comes late at night for about 5 mins, The lights are off, a 48 hour disconnection notice was in his mail box. However, two weeks ago, the tenants brother called and said that he was on his way to pay the rent, but he never showed up. Can we now serve a 3 day notice and after the 3rd day, change the lock and store is stuff? He hasn't paid in three months, and he clearly is not living in the unit.

In this sitation you can serve a three day notice. If the you are giveing the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state: *The name, address and telephone number of the person to whom the rent must be paid. *If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then tenant can mail the rent to you at the name and address stated in the three-day notice. Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure. You must also properly serve the notice. Since your tenant has not answered your calls you can serve by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.292 (This service method is commonly called "posting and mailing" or "nailing and mailing.") Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.

Posted by Clark F, OK on Saturday, November 19, 2011