How to Count the Days in a Notice

Posted: Aug 12, 2018
By: NatEvict
Comments: 0

How to Count the Days in a Notice

We have seen some Notices that were defective Landlords when giving the Tenant a Notice to Quit or Other Notices there are times set for each notice. Find Free Notice to Quit Forms in your State, Tenants can also find Free How to answer an Eviction Form and information.

Counting the number of days in a notice may seem obvious – counting is counting, right? How could you, dear reader, have gotten to this point in life, reading this sentence, without knowing the basics of counting? And yet, in tenant-landlord law, it is not so simple.

Today, we’re going to tackle the Rules.

The Rules Are:

Don’t ever include the day that the notice was served. This is not one of the days you count.
If you are counting the daysin a notice with 10 days or less, you don’t include Saturday or Sunday or holidays.
If you are counting the days in a notice with 11 days or more, you may include Saturdays and Sundays and holidays.
The last day of the notice cannot be a Sundays or a holiday, no matter the length.
“Holidays” here are those that are listed below.
When counting the days in non-renewal notices, the effective date must be the last day in the rental period. (Most rental periods are 1 month, and most rental periods have the rent due on the 1st of the month, which make the last day of the month the end of the rental period.)

What it means:

Counting a 5 day notice:If a landlord is giving a 5-day notice to a tenant, the landlord cannot count the first day it was served, cannot count the weekend, and cannot count any holidays.
- For example: 5-day is served on June 30, 2014. June 30 does not count (it was the day served), July 4 does not count (it is a holiday), July 5&6 do not count (they are Saturday and Sunday). So the soonest it could end would be July 8. The notice would then be served June 30, and the notice could not end sooner than July 8.
Counting a 14 day notice:If the landlord is giving a 14-day notice to a tenant, the landlord cannot count the first day it was served, and cannot count the last day if the last day is a Sunday or holiday.
- For example: 14-day is served November 12, 2014. November 12 does not count (it was the day served). The soonest that the notice could end would be November 26, 2014.
- For example: 14-day is served November 13, 2014. November 13 does not count (it was the day served). The last day would be November 27, 2014, except that it is a holiday (Thanksgiving!). The notice could not end sooner than November 28, 2014.
Counting a 28 day notice:This kind of notice can be given either by the landlord or the tenant. If one party is giving a 28-day non-renewal notice to the other party (for terminating a month-to-month tenancy, say), then the first party cannot count the day that the notice is served, and must allow at least 28 days’ notice before the end of the rental period.
- For example: A month-to-month tenant gives a 28-day non-renewal notice to the landlord on October 9, 2014. Rent is always due on the 1st day of the month, as payment for 1 months’ rent, so the last day of the month is the end of the rental period. Here, October 9 would not count as one of the days (it was the day notice was served). 28 days is complete on November 6, but since that is not the end of a rental period, the soonest effective date would be November 30, 2014.
- For example: A landlord serves a 28 day non-renewal notice to the month-to-month tenant on August 11, 2014. Rent is always due on the 15th day of the month, as payment for 1 months’ rent, so the 14th of the month is the end of the rental period. Here, August 11 would not count as one of the days (it was the day notice was served). 28 days is complete on September 8, but since that is not the end of a rental period, the soonest effective date would be September 14, 2014.

Pro Tips for Landlords:

When is your office open?If you are asking the tenant to take some kind of action (pay your rent! kick out that guy!), and you give them an eviction notice, where they have to take some kind of action by some (thoroughly counted) date, make sure that you are available on that date. If you happen to be closed the entire month of December, then asking them to turn in their rent by the 15th or move out won’t be a great play. How can you know what happened if you weren’t even there?
What if you get an inaccurate date in a non-renewal notice?So, let’s say your tenant gives you a non-renewal notice, and it doesn’t have the correct end date (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy). The notice is still valid. The dates are not. The law is pretty clear about this. What this means for you is that the notice is valid, but the dates are adjusted so that the end date is counted correctly. This is as long as you can hold the tenant responsible for the costs under the lease, but if they wish to break their lease and move out early, then you still have the obligation to mitigate
What if you give an inaccurate date in an eviction notice?Let’s say you give a 5-day notice, and you forget to take out weekends, and it possibly ends on a holiday, so you really need to give more than 5 calendar days. You don’t have to give a whole different notice, but you do need to write a letter stating that the original notice gave an inaccurate date. Give the corrected date in that letter, and you’re all set. If you and your tenant have agreed on a course of action (like a payment plan or a move out date, and it’s all in writing), then you don’t need to clarify your notice, since you have a kind of “mutual agreement.”
Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

Pro Tips for Tenants:

What if your notice is not counted correctly?When there are errors in notices, we recommend that you WRITE THINGS DOWN, for the love of all that is holy to you, letting the landlord know about the error, and explaining the course of action that you plan to take.
- Evictions:If an eviction notice is poorly counted, be careful. If you need that extra time in order to resolve the situation (or for stalling purposes), then write a letter and say when you believe the correct end date for the notice is. Cite the laws, and explain what you hope to have accomplished by that time. Later, this could help you dispute an eviction, if the landlord takes premature action on a notice where the timing is too short.
- Non-renewal: If you get a non-renewal notice, and the dates are not right (ie, it doesn’t end at the end of the rental period, or there aren’t 28 days between being served at the end of the tenancy), then the notice is still valid. The dates are not. The law is pretty clear about this. Figure out when the correct end date is, and write a letter and explain that you’ll treat this as a valid notice, but that the effective date will really be ____.
Date calculators:Sometimes it’s tricky to count dates. If you do an easy search, there are many date calculators out there. Here’s one. They can help count the dates, but make sure to double check against The Rules, above, to exclude the days that shouldn’t be counted.

As with any notice the number of days of a notice to Quit must be followed. If the Landlord does not give the proper time of the said notice, That Landlord can be in violation of a notwithstanding notice to the Tenant. Read your states Laws and Learn how to protect yourself and your home, Apt and Condo in the event of an Eviction.

NationalEvictions.com

We are an Eviction Information Website Serving Landlords and Tenants with Legal, Laws, Eviction Process and Tenant Information for defending Evictions. We cover every State Clients can select the state they live in and find the information in that State.

Tags: Eviction Information, Landlord Information

Rental Maintenance Jobs You Or Your Tenants Should Never Try

Posted: Jun 27, 2018
By: NatEvict
Comments: 0

Rental Maintenance You Or Your Tenants Should Never Try

Fixing a paint job yourself that didn’t turn out right is one thing. However having to pay thousands of dollars for repairing the structural damages that resulted from a poorly done plumbing, electrical or HVAC job is another. Landlords will be taking money out of there pocket to fix problems when they let Tenants do the work.

“Leaving these maintenance projects to a professional will make what you spend worth the peace of mind and safety you’ll get in return.” – NationalEvictions

Hands-on Electrical Work

Repairing or re-configuring wiring is not do-it-yourself project. You might change a lightbulb or even install a new light fixture – maybe. But there is a reason why electricians charge higher rates. They have to go through extensive professional training to prepare for safely tackling wiring repairs. A property’s wiring/electrical configuration can be made unique by different electrical work being done throughout the years. This makes “one size fits all” procedures that are advertised online completely useless. The main risk of attempting electrical work yourself is being shocked or starting a fire. Both potentially deadly side effects to handling wiring without experience. Also doing it yourself can risk creating further damage that requires more extensive, and pricier, repairs down the road.

No. 2 – Gas Appliances

Working on gas appliances implies handling hazardous materials and facing potentially deadly side effects. Gas furnaces, ovens, water heaters or dryers should only be worked on by professionals. Turning off the gas while working on them is not a sufficient precaution. Gas leaks can easily be created by a poorly done project or reassembly. That could expose your rental home to a leak that could cause carbon monoxide poisoning, or worse, an actual explosion.

No. 3 – HVAC

Our HVAC professionals strongly encourage property owners and tenants to stick to the basics. That means changing filters and cleaning around vents. Let the professionals handle anything more serious or complicated. Air conditioning and furnace repairs affect the air quality within a property. Poorly installed or maintained equipment can reduce efficiency and inflate. It can also be the root cause of respiratory infections and problems for those living and breathing in the property. Just like electrical professionals, HVAC professionals are required to undergo specialized training. That training allows them to obtain special licenses that legally allow them to work with certain materials. When refrigerants are concerned, one would not be complying with the Environmental Protection Agency’s (EPA) regulations by working on air conditioning as a do-it-yourselfer.

No. 4 – Plumbing

That clogged drain might have been a piece of cake to work on. However major plumbing projects like re-routing existing plumbing or spot-fixing a leak is a whole different story. Water damage is extremely costly to repair. Even a small leak can be the culprit behind a plumbing-related emergency that costs a property thousands of dollars in damages.

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Tags: Landlord Information, Property Maintenance, Tenant Information

As a rental property owner, you are often a plumber, electrician or decorator, but you are probably not a lawyer.

Posted: Jun 03, 2018
By: NatEvict
Comments: 0

Since rental agreements are contracts and states have laws that specifically impact landlords and tenants, legal pitfalls can open up underneath you.

Everything from poorly written rental agreements to responsibilities not outlined in a lease can crop up.

Tell Landlords about NationalEvictions and the information that can help them!

Everything starts with the lease. You can find generic lease documents at many stores, but what they don’t tell you is that those forms are not enforceable in every state. A single clause can render the entire document unenforceable. Be sure to talk with a real estate legal professional before choosing a lease document.

Know your responsibilities. In addition to the interior of your property, most states also require landlords to maintain the exterior. For example, landlords may be responsible for snow removal and keeping grass cut to within legal limits. There may be a way to transfer those responsibilities to the tenant, but you would need to make sure that was clearly spelled out in the lease and legal in your area.

Keep marketing clean. Before you post any ad or market an empty property, keep in mind that there are fair housing laws that specifically prohibit you from discriminating against prospective renters. This means you can’t advertise to exclude families with small children or avoid a specific age group, in addition to a variety of other protected classes. Essentially, you should not be asking questions about a tenant’s family situation, race, religion, or age when making a rental application decision.

Screen tenants carefully. Even though careful screening should be a foundation of your rental business, asking the wrong question during an interview can be just as damaging as using the wrong language in an ad. Sure, you might not have made your decision to reject a tenant because they have small children, but asking could give them ammunition for a fair housing complaint.

Obey privacy laws. Yes, you have the right to visit your property, make repairs and ensure it is taken care of. Your tenant has the right to privacy. Different states have different laws regarding how much notice you must give a tenant before visiting the property. Always notify tenants in writing of your intent to visit so they can make arrangements to be home. A single major violation could cost you significantly in damages.

Keep late fees reasonable. No one enjoys dealing with frequent late payments, and the temptation is to charge punitive late fees to avoid the issue. Keep in mind that many states are now asking for proof of damage surrounding late fees. Excessive amounts might lead to a judgment against you that can become a major problem if every tenant jumps on board. A reasonable fee is defensible; an unreasonable fee is not, unless you can prove the financial losses due to the late payment.

Return security deposits in a timely manner. Security deposits are only to be used for maintenance in excess of normal wear and tear. If a tenant leaves the property dirty, you could deduct a cleaning fee. If there is unapproved paint, you could charge the tenant for the repainting. You can’t simply keep the security deposit or deduct more than the cost of the repairs. You also can’t use the deposit for any refurbishing on the property. Courts can assess fees that equal three times the deposit or more, so keeping the security deposit too long or deducting expenses that are not the tenant’s responsibility can be very costly.

Learn the Process of an Eviction in your State!

Tags: Eviction Information, Landlord Information, Leases & Contracts, Legal Articles

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

Posted: May 06, 2018
By: NatEvict
Comments: 0

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

Professional tenants are a landlord’s worst nightmare, the ones you read about in the newspaper. These individuals are notorious for cheating the system and using loopholes, leaving landlord’s with lost rental income, a damaged property, and a huge headache. They will complain about the smallest of messes and become the largest hassles.

In order to get away with such actions, professional tenants have created some pretty elaborate strategies. Here are the top 5 tactics from professional tenants. If you find your tenant is doing any of the below, then you may have a professional tenant.

#1: PAYING PARTIAL RENT

Often times, professional tenants will pay only a portion of the rent each month. When a landlord has accepted partial rent one month, then State laws will not allow an eviction for that month. This provides the tenant with more time in the property with overdue rent, and most often, they’ll continue to delay each month. Before the landlord realizes it, the tenant is close to lease expiration with an exorbitant number of past due payments. Don’t accept partial payments and require full amounts on exact dates to avoid these schemes. If a tenant is late, be prepared to start the eviction process right away. Also, never accept partial rent.

#2: PAYING RENT BEFORE THE LATE FEE

Professional tenants understand a landlord is more likely to take legal action for $1,000 of past due rent than for a $50 late fee. These tenants will pay rent before the late fee, claiming the late fee will be paid soon. Guess what? By accepting the rent before the late fee, the landlord is most likely never going to receive the late fee. The landlord becomes emotionally drained as a debt collector and just writes off the late fee.

The lease contract is written to align incentives between the tenant and landlord. A late fee is listed in the contract to set the precedent that rent should not be paid past a certain date. Tenants should not take advantage of the payment terms in the contract. By waiving this fee, a landlord signals that the legally binding contract is “flexible,” and it provides professional tenants with the signal that they may be able to bend other terms in the contract. Don’t become drained emotionally and only accept rent after outstanding late fees are paid.

#3: PAYING IN CASH

Cash is impossible to track, making it the preferred medium for professional tenant payments. These tenants will lie about making cash payments or even go as far as faking rent receipts. As a landlord, avoid taking cash payments that foster these types of actions. When a landlord is in the courtroom, they want to show a track record of traceable payments followed by no payments. Keep in mind that in some states, landlords are not allowed to refuse cash. If a tenant insist on paying cash, you must create and BOTH sign a receipt at the time the cash is accepted.

#4: ASKING FOR TIME

Some tenants will approach their landlord and plead for more time to pay rent. This tactic is usually accompanied by a heart-tugging story of the hardships they are currently battling that prevents them from paying. Unfortunately, it is difficult for a landlord to know the legitimacy of these stories and a tough decision must be made. Allowing for a longer payment period will only make things worse. While it might be emotionally difficult to draw a line, a landlord is not a bank that provides loans. When a tenant is late on rent, they should go to their friends, family, bank, or another source for a personal loan. The relationship between tenants and landlords should be strictly professional and real estate related. If a tenant still cannot pay the rent when it is past due, then the next step is an eviction notice. A landlord may want to consider suggesting to the tenant that if they are late on rent, then they will release the tenant from their lease so the tenant can find a more affordable unit. It may be easier for a landlord in the long run to let a tenant who can’t afford rent to leave then to constantly chase the tenant for rent.

#5: CLAIMING THE RENTAL IS UNINHABITABLE

Professional tenants may try to claim the rental is uninhabitable as a scheme to not pay rent. Typically, their process is submitting a maintenance request and claiming it was never addressed. They will withhold rent or break the lease and reference the clause on maintenance and habitability of the property. Every maintenance request should be tracked in a system, providing evidence that the request has been acknowledged and updates have been provided in a timely manner. This type of documentation will save a landlord in the courtroom. While landlords have no power over the judge, maintaining records and photos of your properties can protect yourself from these situations.

When a tenant makes a claim that the property is unfit to live in, landlords must refile with proof of a habitable environment. Tenants will then proceed to trash the property in an attempt to justify their claim. Keeping a running log of property conditions and pictures help prove your case, do not forget that tenant damage, beyond normal wear and tear, can be charged back to the tenant. If they are intentionally causing damage to create an “uninhabitable claim,” documentation will help to bring justice in the case.

Find out more on NationalEvictions.com

for Landlords and Tenants, Learn about Evictions, Find Companies ready to help with Evictions, more………

Things Can Go Wrong During an Eviction

Posted: Apr 12, 2017
By: NatEvict
Comments: 0

Things That Can Go Wrong During an Eviction

Things go wrong during evictions. Many tenants will find ways around your eviction, and if you are inexperienced with the eviction process, this can be as simple as making a small paperwork mistake. While you are correcting any mistakes, you are losing rent money and the tenant is taking up valuable space that could be rented to a tenant that would follow the rent agreement. Here are a few examples of things that can and do go wrong.

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Tags: Eviction News, Florida Evictions, Landlord Information