Posted by CarolFL on February 11, 2000 at 11:41:43:
Thanks, Jim (and Rob),
I guess this is one of those deals that bears checking out for sure.
Fortunately, the guy came through after a “later letter” (while I was checking out the above!).
Strange - we SELDOM have problems with tenants being late, or defaulting, and this month was like a tidal wave!
See ya in a couple weeks…
Carol
Delimma of the day - re 3 day notice… - Posted by CarolFL
Posted by CarolFL on February 11, 2000 at 07:42:36:
We are renting a SFR (actually, on a l/o) to someone who is lodging his son and granddaughter there. (I assume the son is - or is supposed to be - paying rent … their problem, not mine).
So, the “tenant” per the lease is “george” who lives on “pine st”.
The property is occupied by “bill” and is located on “orange st”.
When we post a notice, I suppose we do it in the name of the “tenant” (“george”), but put it on the property on “orange st”, right?
The son did not sign the lease … mom and dad did. We do have his name and his daughter’s as residents.
Thanks for input.
Carol
Re: Dilemma of the day - re 3 day notice… - Posted by Bud Branstetter
Posted by Bud Branstetter on February 11, 2000 at 11:27:11:
In Texas the notice to vacate is addressed to the lessee and all occupants. The unlawful detainer suit must be delivered to the person on the lease. So if they are now located somewhere else that address has to be on the suit. You want to make sure they get a copy of the demand notice or when you get to court they can claim they were not notified. You may also not want to accept any partial payment or you might have to start the process all over.
Re: Delimma of the day - re 3 day notice… - Posted by JPiper
Posted by JPiper on February 11, 2000 at 09:46:38:
Chances are Florida law may differ from other states. But my guess is that the subtenant in possession must receive a notice.
Therefore, I would deliver notice to “george” and “all other tenants and subtenants in possession” at the Orange St address.
I might also deliver an identical notice to “george” where he is located…although I doubt this is required. It’s always possible “george” might prevail with the subtenant in terms of payment.
Obviously though, the law in YOUR state needs to be observed.
JPiper
Re: Delimma of the day - re 3 day notice… - Posted by Rob FL
Posted by Rob FL on February 11, 2000 at 08:11:20:
I ain’t a lawyer so don’t quote me on this.
Your agreement is with the parents. Your 3-day notice needs to go to the parents. You should probably hand deliver it to them otherwise the son may just throw it away.