I have a roommate that is not working out. He isn’t behind much, but I want to get him out as quickly as possible. I served a 7-day notice for non-payment of rent two days ago, but believe that he may pay the rent at some point to avoid leaving. I would like to also serve a 30 day notice, but am unsure of whether I can have two notices concurrently.
In most states, in regard to non-paying tenants, you have to serve a notice to “Pay or Quit.” Whether that’s a 3, 7, or 10 day “Notice To Pay Or Quit,” depends on your state.
If the tenant fails to either pay or “quit” (move out) in that time, you will have to file an “Unlawful Detainer” action.
If you just want the tenant out, then a Notice To Pay Or Quit, is not appropriate.
You will need to post a 30-day (or 60) “Notice To Vacate.”
If you decide to evict for non-payment, then you CANNOT accept any partial payments of rents.
If you do accept partial payment, and continue with an unlawful detainer action, the judge will likely either:
- Throw out your case.
- Award judgment only for unpaid rent, but leave the tenant in place.
- Force you to start all over from scratch.
- “Force” you to post a standard notice to vacate, instead of an eviction notice, and make you wait until the vacation period has ended, to determine whether an unlawful detainer action is appropriate, or not.
So, you must decide what’s more important; getting the rent, or getting the renter out of your house. You don’t always get both at the same time, or easily.
If this were me, I would just post both a “30-Day Notice To Vacate” AND a “7-Day Notice To Pay Or Quit.”
Regardless if the tenant pays me in full, or not, I set the evacuation notice in motion, and just have to wait to see what happens.
If the tenant won’t pay me, I then file an unlawful detainer action as soon as I can legally (the day after my “7-Day Notice To Pay Or Quit” expires).
So, I’ve got perhaps three or four things on track:
- 7-Day Notice to Pay or Quit (7 days to wait)
- Concurrent with the above I post a “30-Day Notice To Vacate.” [no reason stated]
- If tenant fails to pay, I file an “Unlawful Detainer” action which trumps the “30-Day Notice To Vacate.”
- In two weeks (or whatever) Judge awards possession of the unit to me, along with any/all delinquent rent owed.
- Tenant is evicted.
OR
- Tenant pays the money owed within seven days.
- I continue with my “30-day Notice To Vacate” action.
- Tenant moves out on thirty-first day, or not.
- If not, then I file for an unlawful detainer action.
- Judge awards possession (and any delinquent rent) to me.
- Tenant is evicted.
Check out this Michigan-specific landlord guidance on evictions:
http://www.landlordguidance.com/eviction-notice-forms/michigan-eviction/
Thanks for the thorough response. I will go ahead and serve a 30-day notice as well. Thanks.