Serving a three day notice for nonpayment of rent

**Cady06034** · 12-06-2005, 09:00 PM

a lawer advised me to serve a quit or pay three day notice. he said it was the fastest and easiest way to evict. now i would like to know how long after rent is due can i serve her with it? can i give her the notice today if the rent was due yesterday? when does it start counting the days after she is served or after the date i fill it out? if she decides to pay can i refuse rent? ou am i still stuck with her?

**Mr. Knowitall** · 12-06-2005, 09:08 PM

The notice could be served once rent is late, as defined by the lease. If the rent was due yesterday, and thus is late today under the terms of the lease, you can serve the notice. It starts to run when she is served. You can't refuse the rent under a three-day notice, if tendered within the three days (which include weekend days).

**Cady06034** · 12-06-2005, 09:45 PM

there is no lease or written agreement it was all verbal.so if she pays am i stuck with her? i can't afford an attorney, and can't get a free one because i am the land lord. is there a law about tenant retaliation? upon hearing that i wanted her to move she started harassing me and my family. she also uses every little incident to call the police on me. they are all angery with me when they get here just because i am the landlord. but everytime they come they don't tell that i have done something wrong and when that happens she brings up the past thing that had nothing to do with why she called. most of it is her word against mine because we have no proof of agreements. i have wittness for every threat and arguement she has made or started. what can i do to stop this? i keep getting told i can't do nothing. but she is making my amd my family's life hell.

**Mr. Knowitall** · 12-06-2005, 10:33 PM

If you serve a three day "pay or quit" notice and she pays, she can stay.

If you want to terminate her tenancy, by all means do so. See the information here about 30- and 60-day notices to quit.

**Fxston** · 12-06-2005, 11:19 PM

Most states allow a landlord to terminate a month-to-month tenant for any reason that is not unlawful, like discrimination, or no reason at all.

Be careful about the pay or quit notice. While you have no agreement which includes a grace period, whereby the tenant has a chance to pay the rent and any late fees, but you may be prohibited from starting eviction procedures in this time period.

**Cady06034** · 12-12-2005, 04:03 PM

my tenant has not been here since monday dec. 5, and i can't find her so i can't serve her the three day notice. so her rent is now a week late. all her belonging are here. if i stick the notice to the door and mail one like the law says then when do the days start to count? what if she doesn't come back to receive it? i don't know where she is or if she is coming back so what should i do? she left her stuff here so she will probably come back. i just want her out.