Sub-tenant won't pay rent or utilities

[sandiegotim]

Hello, I am the sole tenant on the lease of a 3 bedroom house. I've sub-letted 2 of the rooms to 2 seperate tenants. One of the tenant has been over a month late several times on turning in the rent. He currently owes me approximately $1,600.00 in rent & back-owed utilities which he acknowledges but can't afford/ refuses to pay. On 7/9 I instructed him he had to either pay me or move out. He gave me 30 days notice to leave. What are my options in order to 1) Get him out ASAP & 2) Get him to pay the back-owed rent & utilities. Thank you for any advice or assistance you can provide.

 

[Gail_in_Georgia]

What state do you live in? You can begin the eviction process on him (how this happens varies from state to state which is why I asked). You can also consider filing a lawsuit against him for owed rent and utilities.

Many landlords (and in this situation you are the landlord) are filing for owed rent before the tenant vacates the premises (eviction and suing for owed rent are two separate issues) because, of course, they know where the tenant lives to be served. And someone HAS to be served before the lawsuit can progress to a court hearing.

All too often if someone waits until the tenant vacates the rental they have no way to track them down to have them served.

I hope this makes sense...

Gail

 

[sandiegotim]

That makes a lot of sense; thank you very much Gail. I live in San Diego, California; I've heard there's some sort of 30 day notice I have to give him or something. Can you please describe what I have to do to ensure I've begun the eviction process? Also how I would go about beginning the lawsuit process? Thank you!

 

[jacksgal]

No you give him a "3 Day pay rent of quit" notice. Once the days passes (weekends and Holidays do not count) You go to court to file an unlawful detainer and have the tenant served

 

[sandiegotim]

I have an email from him giving me 30 days notice & stating "I Quit". Does that qualify? Can I have an attorney begin the lawsuit for owed rent process or does he actually need to be served the "3 Day Pay or Quit" notice?

 

[jacksgal]

If you have proof he gave yo a notice he was vacating and he has not left yes. He can always deny this or say he had changed his mind. Your better off giving him the 3 day pay rent or quit for all unpaid rent. When 3 days expires go to court to file unlawful detainer

 

[sandiegotim]

I meant he stated "I quit" in the email (I don't know if I was clear), He wrote "This is my 30 days notice to quit". If an email is validation of proof, than it sounds like I'm good to go. Thank you very much!

 

[Gail_in_Georgia]

Jacksgal is correct; it's a 3 day notice for failure to pay rent.

He may change his mind at the end of the 30 days and then you're still stuck with the same problem (except he'll now owe you more money).

Gail