My suggestion is to serve all your notices personally with the notice in a sealed envelope. I would avoid any form of talking because you will allow your notices to do all the talking. Gary and I show the new tenant the quit or pay notice at the lease signing. Gary explains that if we don’t get the rent of the 7th of the month, he will send his wife out with a 7-day notice. This is a notice that is a wake up call for the rent and we want it in 7 days. Be sure to tell them “no way the security deposit can be used for rent” The security deposit is to cover damages when you move out so don’t think it is an option!
We don’t get our rent on time
You break the rules
You get served
1) Non-Payment of Rent: In Kentucky, a 7-day notice is served when rent is past due. A 7-day clause has to be stated in the rental agreement. If the 7-day notice clause is not included in the agreement, a 30-day notice is required. Be sure to include this in your rental agreement because this is crucial.
2) Infractions of Lease: 14-day notice is served when a tenant breaks a rule and regulation in the rental agreement. The 14-day notice has to be stated in the rental agreement. If the 14-day notice clause is not included in the agreement, a 30-day notice is required. Be sure you include this in your rental agreement.
3) End of Tenancy: 30-day notice is served to the tenant to end a month to month tenancy. The notice has to be serve prior to due date. For example, if you want them to move on August 1st then you would serve the notice prior to July1st. You can’t serve the notice in the middle of the month. If you want them to move out on August 1st and you serve the notice July 15th-they will have to move out on Sept.1st
TIPS FOR SERVING YOUR NOTICES
When the date arrives to serve your quit or pay notices, Gary and I always have this discussion whether to serve the notice when a tenant notifies us that it will be late. The easy way is to believe the tenant and hope that it comes in. Hope is not a good business strategy. My advice-serve the notice.
Be sure to have personal service of the notices. After speaking in front of thousands of landlord I have come to the realization that the landlord wants the shortcut. Sending the notice jams up the procedure which means more money stolen out of your pocket.
Get in the habit of serving your quit or pay notice the same date every month. The tenants will come into your system not theirs.
No matter how much they owe-serve the notice.