Consumer Protection Law
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Hi, Nina, My name isXXXXX am a licensed, practicing Attorney and would like to help
1. Do you have a written lease with your tenant ?
2. If so, when did you sign the lease and when does the lease expire ?
3. Has the tenant told you why he is not paying the full amount of the rent ?
4. Does the lease allow the tenant to have any animals on the property ?
I have a lease with my tenent, The lease was signed in 2008 and is valid title 2020 unlease he defult and lease becoms month to month
His reason is his business is slow.
My lease specifically says no wast or nusance
Thank you for your additional information.
If your tenant is not paying the rent in full each month, then your tenant is in default.
Please tell me what you want to do and I will tell you how to go about it.
Did you want to evict him or did you want him to remain as a tenant, even though he is not paying you in full ?
I want to keep him with the condition that he pays my full rent plus his 4% increase each year.howevr i been traten that he will not gone a pay me any more.
if he doesn't pay i have to kick him out
Dear Nina, Thank you for your additional information,
Every landlord who rents property wants to be paid in full. The payment of rent should not depend on whether or not the tenant's business is going well. If he has already told you that he cannot pay the rent in full, then he certainly will not pay you the 4% increase every year. You are the only person who can make the decision of keeping him as a tenant or evicting him because the tenant has already told you that he cannot pay the rent. If I were in your position, I would not want to have this kind of tenant until 2020, another 7 years with a tenant who will not pay me the rent in full.
You must give him notice in writing that he is in default because he has not been paying the rent in full. So, you must take the following steps:
1. Send him written notice that he is in default;
2. Demand payment in full of all amounts he has not paid;
Then, if you want him to remain as a tenant, tell him
3. He must pay the rent in full on the day that it is due if he wants to remain a tenant, plus any late fees and the 4% increase each year;
If you do not want him to remain as a tenant, then say the following in the notice:
3. Tell him he has 30 days to vacate the property and return the keys to you.
I realize that this is hard, but those are the only two options you have. You cannot physically force someone to pay rent if they do not want to pay the rent. By giving him this notice, he will see that you mean business and that if he does not pay, he must leave the property. That way, you can rent the property to a more responsible tenant who will pay you on time and in full.
I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
I really appraciate you help.I wish you could represent me in the court with this case,If you would please call me at (XXX) XXX-XXXX
I wish I could represent you also. But, JustAnswer is not a law firm and it does not allow us to represent customers or form any Attorney-Client relationships. JustAnswer X'd out your telephone number to protect your personal information so that it cannot be seen by anyone on the internet. Therefore, I was unable to see your number, but JustAnswer does not allow us to communicate with customers by telephone anyway.
I cannot represent you in Court, but I can help you by writing a letter for you to sign and send it to the tenant. If you would like me to do that, you would have to first rate this Answer, then open a new question and ask for me and I can write the letter for you, Please let me know what you would like to do after you rate my Answer here,
Thank you for giving me an Excellent Service rating. Did you mean to rate me twice ? I thought you were going to open another question page for the letter I will write. Please clarify,
I am attaching the letter I prepared for you. Please fill in the following:
1. Your address at the top
2. The name and address of the tenant on the left side -you can use the property address and mail it to him there;
3. Insert the number of times he has paid late;
4. Add up all the times he did not pay the full amount of rent and insert how much he owes you and add in any late fees that the lease provides
I gave him until August 1, 2013 to pay you all amounts he has not paid and if he does not he should vacate the property but he will still owe you what he has not paid you.
Let me know if you want any changes in the letter and I will be glad to make the changes. I will be in Court most of today, so I appreciate your patience if I cannot get back to you until about 5:00 PM. I hope that will be okay with you, Okay ?
Here is the letter. Let me know if you do not understand anything in the letter, or if you want me to make any changes. Please click on the link below and it will open up to the letter I prepared:
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