Landlord Question and Answer Forum

I have a tenant that is 6 monthss into her 1 year lease. She has broken the lease agreement several times by late payment (has not paid on time once) most of them by more than one week late and bounced check. Also broken by getting a dog without notice, consent, or pet deposit. I am at the point now where I just want her to move out. Can I print a letter requesting her to move out due to breach of lease and mail it to her without having to go through courts for eviction if she agrees to move?

you should be able to give her a form off here for lease violation and inform her of all the violations and evict her..

Posted by Brooks H, VA on Friday, July 16, 2010

If you mail, send it certified and with no return address so that she cannot see it is from you. She can refuse to receive mail, and it would take weeks to get back to you. Is house trashed? You may be better off going to magistrate and getting eviction and court date for past payments and possible damages.

Posted by Jerry W, SC on Friday, July 16, 2010

She has not trashed the place at all, just cant pay remotely close to on time. I have a decent professional relationship with her and wouldnt mind hand delivering or certified mail. I am trying to figure out if there are any laws that prevent me from asking her to move and giving her the reasons of lease violation without going through courts and if she did decide to go on her own from my request that I will not get into any legal trouble from that process. (then if it didnt work go through the courts) Im new to this whole process and am still learning!

Posted by Tara T, NC on Friday, July 16, 2010

Another thing is that she does always end up paying me before 30 days, but it is usually 6-15 days late, does that make any difference?

Posted by Tara T, NC on Friday, July 16, 2010

You have to check with tenant laws in your state, in Massachusetts you give a 30 day notice without cause, Now usually if you end up in court the judge will look at if you gave this person a chance to get her act together, it called a cure or quit, you must check with NC TENANT LAWS

Posted by Donald G, MA on Saturday, July 17, 2010