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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have a problem tenant who is refusing to pay rent and not

Customer Question

I have a problem tenant who is refusing to pay rent and not allowing me to show the apartment to future tenants. He refused to move commercial vehicles parked on my property and the City gave me notice of violations and a potential $1000 fine. He eventually
moved them but now says he will be leaving but in his own time, possible a few months and until then will not pay rent. Do I give him a 3 day or 30 day written notice? Also can I have his vehicles towed of my property and any outside ladders, et., which he
is storing there?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Barbara Smith, Esq replied 2 years ago.
The type of notice you must give depends upon your state's law. Generally, a three day notice must be given. Once you serve the notice (via certified mail and posting it on the door) he has three days to vacate. If he does not, you must file an eviction action. You cannot remove any property until you receive an order of the court directing him to vacate. This typically happens within 30 days of filing, but it very much depends upon the court. If he does not comply, you can request judicial assistance in removing his belongings. Your local municipal court most likely has the forms you need online, including the notice form.

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