I accepted rent after it was past due. I want the tenant out. can I do a 3 day notice to quit?

Question

she gave me half and promised to pay the rest by the 31st of july or be moved out on the 31st. Now she is asking for more time. because I accepted the money, is this now considered a month to month lease?

Answer 1

If your tenant is under a lease then not paying in full by the established date in the lease means they are not in compliance with the lease.  As landlord, you have the right to nullify a lease if its terms are not met, and in this case they were not.  So, yes, you could inform the tenant that they are on a month-to-month basis contingent on their ability to pay all rent on-time per the lease agreement.  To evict, you must present an eviction notice, however.

Answer 2

You can only give a 3 day for unpaid rent.   Partually paid is not unpaid.

You need to give her a 30 day notice, but on all other counts the eviction is exactly the same, it just takes 27 more days.

Answer 3

Since the tenant is in arrears on her rent payment, she is in violation of the terms of the lease. So, you have the right to evict her. However, you must give a 30-day notice in writing (preferably in person or via registered letter). She then owes you one more month's rent and must be out by the 30th day. If she leaves earlier than that, she still owes you for the full 30 days.

If she doesn't pay for the entire 30 days, you can take it out of her deposit. You can also take her to small claims court, although that might be more trouble than it's worth.

Answer 4

Regardless of any payments, you are required to give an eviction notice with 30 days minimum time to move.  That is the law in every state, some give renters even more time.  

Answer 5

She didn't pay it in full. Give her a 30 day notice to get out of there, she breached the lease.