Zona Q&A

Question: I have a question in regard to a tenant that we served a non-payment of rent notice in July. Are we able to use it to file an eviction action or we would need to serve a new notice for August and September?

Answer:  A non-payment of rent notice is valid as long as you have not accepted any new payments. Therefore, if you served a non-payment of rent notice in July, and did not receive any payment in July, August or September either, you could file the eviction now using that notice. At some point, judges start to question why you have not acted earlier and may strike late fees as a result. Please remember that before seeking to evict, you must ensure you have not accepted payment and that the notice was properly served, whether via hand-delivery or via certified mail.