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Thread: Eviction Notice

  1. #1
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    Default Eviction Notice

    I need to learn more about eviction notices. I know with a lien notice you have to send it out after the tenant is 30 days past due. Is it the same for a eviction notice? And are rule or laws diffrent in every state? Since they are 30 days past due, do the get both a lien notice and a eviction notice or is it either/or?
    I would appreciate any advice. Thanks!
    Sandy
    Newtown Self Storage
    Newtown, PA 18940

  2. #2
    MamaDuke's Avatar
    MamaDuke is offline Moderator
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    Default Re: Eviction Notice

    I don't know the TX laws. Here in CA you CANNOT do both. If you evict them, you would be in big trouble if you then sold them!

    Your state SSA should be able to give you the answers you need. If not, you need, as usual, to consult your attorney.
    MamaDuke

    The art of life is to know how to enjoy a little and to endure very much.

  3. #3
    LLLVIS's Avatar
    LLLVIS is offline Senior Member
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    Default Re: Eviction Notice

    Are you in TX or PA?

    In Texas, when we send a Notice of Lien (30 days overdue) we've never sent an Eviction Notice to go with it. In fact here, I don't believe we've ever sent an Eviction Notice. I know we haven't since I've been here. I have brought the subject up before, but apparently it is just a real hassle. The court cost is something like $80 to go with it, plus whatever other legal hassles come with it.

    So I guess my next question is, what is the tenants circumstance that you think you want to evict them?

    If they are 30 days delinquent, I'd just stick with your auction process, and if they go to auction once that is done, you're done with them.
    If you're just trying to evict someone (delinquent or not) the easier path is a massive rent increase. It doesn't cost you anything (other than a 30 day notice) and at worse it puts them back into the auction process with a mounting balance that if they pay, great; if they don't, they go to auction and presumably are gone.

  4. #4
    MamaDuke's Avatar
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    Default Re: Eviction Notice

    OOPS! I had just read another thread by a TX manager and got confused. However, I don't know anything about PA either!
    MamaDuke

    The art of life is to know how to enjoy a little and to endure very much.

  5. #5
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    SMSSId is offline Senior Member
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    Default Re: Eviction Notice

    Quote Originally Posted by TheLoneManager View Post
    I need to learn more about eviction notices. I know with a lien notice you have to send it out after the tenant is 30 days past due. Is it the same for a eviction notice? And are rule or laws diffrent in every state? Since they are 30 days past due, do the get both a lien notice and a eviction notice or is it either/or?
    I would appreciate any advice. Thanks!
    I don’t know all the details about your situation; however, I would be very careful about using an eviction process. My understanding is you will be giving up your contract rights and deploying another method to get rid of a tenant. In other words you would have to follow the eviction process (not a good idea).

    Your state statute/laws give you specific guideline to follow and these are usually spelled out in your contract/rental agreement.

    1) If they don’t pay……… follow your states self storage laws.
    2) If you just want the tenant gone……… give the required notice of a rent increase. A very large rent increase will usually get them moving on.
    Storman has a web site posted where you can reference your state statute.
    http://storagelienlaws.com

    Hope this helps, good luck

  6. #6
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    Default Re: Eviction Notice

    I’ll try storagelienlaw.com site, SMSSId. I think raising the rent is a better idea then the eviction notice. It does sound like I would be getting into something that would back fire on me.
    Thanks for great advice everyone.
    Yep...it's PA not TX....althought I did have a hour layover in the airport in TX one time...otherwise...never been there, but I hear it's BIG!
    Sandy
    Newtown Self Storage
    Newtown, PA 18940

 

 

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