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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27626
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a tenant that is past due rent for $9,100.

Customer Question

I have a tenant that is past due rent for $9,100. ($2800/month). I was about to send Notice to Quit Possession but before I have the tenant has sent email indicating they will be moving out as can't afford the property. Should I still file Notice to Quit Possession or just allow her to move out and violate lease? I have $2800 security deposit so that will leave $6,300 outstanding for which I would go to small claims for the maximum $5,000 judgement to avoid legal fees. With out legal notice all I have is saying she will move out but no commitment on date yet.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Yes, a landlord still wants to give the tenant the proper notice to vacate. This way, the wheels are in motion, per se, to evict, if they fail to leave by the agreed upon date. While they claim they will be moving out, it could just be a delay tactic and be used to get more time. If you trust them, you can come to an agreed upon date and then provide them with a notice to quit, by that specific date. Then, if they fail to leave, they would already have been placed on notice and failed to comply, so you could start eviction proceedings the following day. Moreover, you may want to see if they want to try and settle and work out a lump sum payment for the $6300, to avoid having to go to court.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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