Author Topic: Notice to Vacate  (Read 4421 times)

HeidiO

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Notice to Vacate
« on: August 10, 2012, 08:28:09 PM »
I physically handed a tenant a written notice to vacate with his and his girlfriend's name on it.  Is that enough, or do I need to send one to her?  They are both listed on the lease.  The only reason I hesitate to do this, is that I didn't think about it for a couple weeks after I did it, so now we are inside the 30 day window. 
Heidi

arebelspy

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Re: Notice to Vacate
« Reply #1 on: August 10, 2012, 08:48:45 PM »
I hesitate to give legal advice, so check with your lawyer, know your own state laws, etc..

But I will say that in most every case I've heard of, physically serving paperwork is preferrable.  Certified mail is fine if you can't physically serve it.

I should think you're fine.
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JohnGalt

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Re: Notice to Vacate
« Reply #2 on: August 11, 2012, 01:44:52 AM »
I talked to a layer before serving a notice to vacate to a girl renting a room in my house a few months ago and was told that serving it in person or posting on the door was enough.  I posted it on the door and took a time-stamped photo of it posted.  I also emailed and texted her to let her know. 

richschmidt

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Re: Notice to Vacate
« Reply #3 on: August 11, 2012, 07:43:05 AM »
Guys, HeidiO's question seems to be if she needs to serve both parties individually or if serving notice to one (with both names on it) is enough.

Unfortunately, I have no idea what the answer is... but I didn't want other readers thinking her question was already answered. :)

arebelspy

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Re: Notice to Vacate
« Reply #4 on: August 11, 2012, 09:38:30 AM »
Ahhh.. Upon rereading, you are correct.  Thanks for catching that.

Again, check with your lawyer and local state laws.

In most areas I know of, serving one tenant is sufficient.

Relevant quote from California lawyer website (www.randslawgroup.com/Landlord_Tenant.html): "For purposes of the notice, service on one tenant is considered valid service on all tenants at the same address."

This site disagrees, but it's unclear if they're only talking about Section 8 tenants.

Again, check with your local laws, but I'd bet you're okay.
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ErinG

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Re: Notice to Vacate
« Reply #5 on: October 12, 2012, 09:15:46 PM »
Heidi, how did this work out?

I evicted my tenants once and addressed the Pay or Quit notice (they did neither) to both of them in one letter. When I went to court, the judge admonished me for not having them served separately. It was a while ago, so maybe it was the court summons that he was wishing was served to each of them. However, one of the tenants might have a reasonable defense against eviction if they never got the Pay or Quit. Boyfriend could hide it from girlfriend for whatever cuckoo reasons people lie to each other.
Anyways, I got a stern talking to from the judge, neither tenant bothered to show at the hearing, and the judge granted me the eviction. I didn't end up evicting them in the end, they paid me some money and they stayed on a few extra months and bought a house. I never got all of the $ they owed me but I guess it worked out (Especially for them).
In the future, each individual will get their own certified mail and regular mail copy PLUS a door notice. Any court summons/order will be served to each individual by the constable.

I was required to take a landlord class by my mortgage company to buy the house and relied on the handbook they gave me to determine the proper dates to send notices, etc.

I'm in the State of RI.

offroad

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Re: Notice to Vacate
« Reply #6 on: October 16, 2012, 02:23:27 AM »
No need to get a lawyer advice and spend big bucks on that. Many lawyers are wrong too. All good examples here. Just get it in writing.