Pay or Quit AND Terminate Lease

[yakkie1]

What is the name of your state (only U.S. law)? Maryland

I just filed the pay or quit with our tenants but If they pay I still want them out. So can I submit my Notice to Quit at the hearing for the Pay or Quit? Since I will have plenty of witnesses and can I tell the judge that I am only giving 14 days instead of 30 because they pose a danger to our property, other tenants, etc.?

 

[FarmerJ]

If they pay you your going to have to follow your states laws to get them out, no short cuts. BUT again when they refuse to pay by the end of the notice and you end up having to take them to court for non payment. youll still have to follow the law to get them out. NO short cuts! DO your self a favor and call the clerk of the court in your county and ask them for several dates where non payment of rent claims would be heard and go sit in on them and pay attention. Those hearings are public.

 

[JETX]

I just filed the pay or quit with our tenants but If they pay I still want them out.

Do they have a term lease??
If not, you will still have to give them a written 30 day termination and, if they don't leave, file an eviction (unlawful detention) lawsuit.

If they have a term lease AND if they are in compliance with its terms (including the late pay), then you will have to wait until the end of the lease.
If they are in breach, then you will have to file a 'remedy or terminate' written notice detailing the breach and giving them a reasonable time (as set by statute) to remedy their breach. If they fail to remedy, then you will again have to proceed with the normal eviction process.

 

[yakkie1]

quit and pay and terminate

30 day month to month lease is all we have and it states only 30 days notice be given, nothing about a full rental period. So because I have filed the Quit or Pay and we haven't gone to the hearing yet, or gotten any money for July, and I don't expect we will... So while the quit and pay will be helpful, these people are dangerous

Here is the termology in the lease: The landlord may modify or terminate this Lease Agreement by giving the Tenant 30 days written notice. Tenant may terminate the tenancy by giving the landlord 30 days written notice. (i.e., if moving on May 1, then notice shall be given by end of day March 31.

Does that mean in my terminate lease I have to give 30 days from the last day of this month? There was just a post discussing this whether it said 1 full rental term or something.

 

[JETX]

Does that mean in my terminate lease I have to give 30 days from the last day of this month? There was just a post discussing this whether it said 1 full rental term or something.

Per Maryland Code:
§ 8-402. Holding over.
(b) Notice to quit.-
(1) (i) Where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing one month before the expiration of the term or determination of the will to the tenant or to the person actually in possession of the property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court of the county where the property is located.

If rent is due on the first of the month, any notice given will take effect on THAT day.... for the next month.
Example: If a month-to-month tenancy (as you describe), the notice takes effect on the rent due date. ie: Month-to-month tenancy from July 1 to July 31 was paid in advance on July 1. That 'tenancy' is good until July 31. New month rent for Aug 1 to Aug 31 is due on Aug 1. Notice given on July 31, tenancy obligation/right will remain until Aug 31 (one month).

For more, see: Proper Notice for ending a lease