How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102192
Experience:  Attorney
7286322
Type Your Landlord-Tenant Question Here...
Ely is online now
A new question is answered every 9 seconds

I requested tenants to vacate my property in 30 days. Tenant

Customer Question

I requested tenants to vacate my property in 30 days. Tenant insists that this means 30 days from then of the current month and not 30 days from the date I handed him a written request to move out.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Is this under a written or verbal lease?

2) What is the reason for you asking him to move out; has he missed payment or you simply wish to end/not renew the lease?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
It is under a written lease. I am asking them to move out because they have broken windows, screens, ruined carpet and are extremely filthy.
Customer: replied 1 year ago.
Additionally, they moved dogs in and the lease specifically states 'no dogs allowed'. Last week, after lunch, I entered the house with the window repairman and there were 5 additional people sleeping in the living room on couches and the floor.
Customer: replied 1 year ago.
I would like something from a lawyer that states that they have 30 days from the date I handed him a written letter requesting they move out.
Expert:  Ely replied 1 year ago.

Thank you.

Actually, under Idaho Statutes Secs. 6-303 et seq, the landlord gives THREE DAYS NOTICE for a material breach of the lease which is not related to non-payment of rent.

If they are destroying the property and you as landlord are alleging that this is a material breach, then only 3 days is due, and it begins to run at time that they receive it, arguably.

If they do not move out in 3 days, one can file an eviction and go to court. If they still do not move out after the eviction decision, one can get a Writ from the Court and have them forcefully moved out. This is how such a process works, i.e.:

1) Notice to quit

2) If they do not move out, then eviction, and

3) After the eviction if they are still on the property, a Writ and the authorities will move them out.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
I am looking for a statement like this from you as a lawyer. I have already discussed this with them and he feels I don't know what I'm talking about. Can you please address your response to me in the form of a letter so I can hand that to him with your legal credentials?
Expert:  Ely replied 1 year ago.

I am sorry, but JustAnswer experts cannot draft legal documents for customers or represent them. This is quite clear in multiple disclaimers on the site.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it. Also no need to rate - please save the rating for the next expert who engages you.

My apologies for any inconvenience and good luck...