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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33761
Experience:  15 years real estate, Realtor. Landlord 26 years
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Should I have notified the tenant in writing second time

Customer Question

Should I have notified the tenant in writing for a second time when I gave him a two month extension to vacate the property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Was the tenant paying the rent in cash?

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Does mother want to proceed to evict the tenant since the 60 day notice is up or does she want to give him 60 days more?

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Who is the owner of the property, you or mother?

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thanks

Barrister

Customer: replied 1 year ago.
No, he pays by check. Yes, she wants the apartment for my sister to have a place to live in and so that she can manage the property. My mother and father own the place, I have been managing it for her during her absences, but I will be moving to South America in a few days.
Expert:  Barrister replied 1 year ago.

Ok, then his check is his receipt and he is just using that as an excuse for not having moved out. So at this point, if the 60 days is up that mother gave the tenant, she can file a formal eviction action in court to get a judgement to force the tenant to move out or have the sheriff put him out.

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The fact that he can't find a place he likes is not mother's problem. He had 60 days to do so, and if he hasn't made other living arrangements, then he will have to do so quickly or face eviction.

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So you/mother wouldn't be under any legal obligation to give him another 60 days unless you simply wanted to do so and can proceed immediately with an Unlawful Detainer action since the proper 60 day notice has expired.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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