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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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Will this letter get me in any trouble with a renter who has

Resolved Question:

Will this letter get me in any trouble with a renter who has been a dismal disappointment?


RE: Rental of Building

It has been a year since you have moved into my rental building at ________________ Avenue in (City, State). I was very optimistic that we would enjoy a good business relationship and hopeful that you would be successful in your business. However, my experience in renting to you has been lack of payment of the rent for 9 out of the 12 months you have been in the building, failure to sign and return the one-year lease, and total disregard for returning my phone calls. For this reason I present three options to you in order for you to remain in the buiding:

1. Bring all rent up to date 9 months x 250.00 = $2,250.00
2. Pay future rents in a timely manner.
3. Purchase the building as we discussed.

If these options are not acceptable to you, I request that you vacate the building by March 30, 2011.

No response to this letter is unacceptable and further action then will be taken.


Thank you, XXXXX XXXXX for your advice.
Submitted: 3 years ago.
Category: Legal
Expert:  LADYLAWYER replied 3 years ago.

LADYLAWYER :

Hello!

LADYLAWYER :

Is this a commercial lease?

Customer:

Yes, a one-year lease

LADYLAWYER :

Thank you. Would you like to keep the tenant in there or just evict him? Because you do have cause under the law.

Customer:

I might mention that the lease I sent was not signed by either of us and also that they made improvements to the building with the understanding that it would be at their expense.

LADYLAWYER :

If the lease isn't signed, it doesn't control.

LADYLAWYER :

You can have a verbal agreement, but he is likely on a month to month tenancy here.

LADYLAWYER :

I don't see a problem with the letter, however, I would change the word "options" to "conditions" both times you use it in the letter.

Customer:

I am not particularly interested in keeping her beauty shop in there because she is blatantly disregarding any responsibility on her part. Because she expressed an interest at one time in buying the building, I thought this letter might move that ahead. I know that they struggle financially.

LADYLAWYER :

Well, I can tell you that from my experience, the letter won't do anything.

LADYLAWYER :

In AL, landlords must give the tenants written notice before filing for an eviction. The notice must explain to the tenants the reason for the eviction. Notices must be issued in one of two capacities: a 7-day notice for unpaid rent, or a 14-day notice for breach of lease (other than failure to pay rent).

Customer:

What course of action would you suggest?

LADYLAWYER :

After notice is properly issued, the landlord can go ahead and file for the eviction with the local court. Depending on the circumstances, the eviction may be carried out with the assistance of the sheriff (if the landlord requests).

Customer:

So, this letter I presented to you would be a first step and depending on the response, or lack of a response, go to the next step of eviction?

LADYLAWYER :

This letter would not be sufficient as a pay rent or quit notice. You are giving the tenant "options" to pay here. It needs to be more cut and dry. You can see a sample here: http://www.landlordeguide.com/pdf/Notice%20to%20Pay%20Rent%20or%20Quit%20-%20Sample%20PDF.pdf

LADYLAWYER :

I would post this notice right on the door.

Customer:

After the line in my letter, "total disregard for returning my calls", if I don't give options, what would you advise writing to put the ball in her court?

LADYLAWYER :

And then start counting from the 1st day after you have served the notice.

LADYLAWYER :

Please see the sample.

LADYLAWYER :

You have to say that the tenant needs to pay a certain amount by a certain date or get out.

Customer:

I will look at the sample....thank you....but want to try something softer before eviction.

LADYLAWYER :

Sure, then use the letter. But if you decide to post or give a notice to quit, it cannot be ambiguous at all or the court can disregard it and you will have to repost another notice and then wait another 7 days to then refile all over again.

LADYLAWYER :

Plus, you will have to repay the filing fee.

LADYLAWYER :

But as I said before, I see nothing wrong with your letter.

LADYLAWYER :

Just don't use it as your notice to quit.

Customer:

Thank you very much for all your suggestions. You have been most helpful. I just don't want to get myself in trouble for lack of knowledge. JUST ANSWER has been so convenient and helpful to me.

LADYLAWYER :

I am so happy to have been of service to you! We thank you very much for your business!

LADYLAWYER :

If you have any more questions, please just let me know. Otherwise, I am sure you know what to do if you're satisfied. ;)

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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