To: Teacher317
Ok...so in plain English, my next step would be....?
To: Sweet_Sunflower29
When rent payment is past due, the landlord may give notice to the tenant that he or she has three days in which to pay or move out. If the tenant has breached the rental agreement in some other way, the landlord may give notice that the tenant has seven days in which to correct the breach or move out. If the tenant does remedy the breach, but is served a second seven-day notice of breach within six months, he or she must move at the end of the seven days, without opportunity to correct the problem.Ok...so in plain English, my next step would be....?
- 1) get a lawyer to make sure there will be no nasty surprises (like THEM getting a lawyer)
- 2) You already gave then the 72-hour notice for non-payment, so you know how to do the notice thing. Now give them a 7-day notice for any "breach" (any other example where they are not following the contract they signed, or where they failed to follow the "tenent obligations" listed in #35, and repeated by me in #72). Examples: failing to keep clean and safe condition, failing to keep the place in the same condition as when they moved in (hopefully you have "before" pictures to compare to the "after" shots that the police can take), poor trash disposal, any destruction of property, ANY DISTURBING THE NEIGHBOR'S PEACE (which you have several police records of 911 calls to support), failure to meet housing codes, or anything else that might be in the contract you signed that we can't see.
- 3) Even if they fix the problem that you give them 7-day notice for in step #2, all you have to do is find another reason to give them another 7-day notice anytime within 6 months of the first one. EVEN IF THEY WANT TO FIX THIS SECOND PROBLEM, by New Mexico law listed in post #35, you can have them removed within 7 days with this second notice.
How's that? Last night's phone call to the police should be reason enough to give them a 7-day notice tomorrow. (Again, ask that lawyer, just to make sure, and to get the right forms or wording.) Even if they NEVER get that loud again and you never have a problem with the noise, ANY other reason to give them a second 7-day notice (within the next 6 months) will be enough reason for eviction, whether they fix the problem or not. Watch the trash, watch for property damage... maybe even another late payment will be enough! (The lawyer should know for sure.) Then they will be out of your lives, hopefully forever.
Good luck to you, Sunflower!
To: Sweet_Sunflower29
(and you could ask the lawyer if the 72-hour notice is good enough for the first offense, making tomorrow's 7-day warning for disturbing the neighbors the second offense... and therefore binding enough to evict them before next Monday is over! Woo-hoo!)
To: Sweet_Sunflower29
LOL, the fiancee says send the rattlesnakes over there! ;^)
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