Tenants were let known of the listing of the property and offered to buy before listed with a Realtor. They declined. They said they would cooperate with showings by realtors. The gave notice of moving out July 6. They have not moved out. They have not paid for July 7 to present. They have turned away 7 showings and showed the house messy on 3 other occasions. They asked if they could stay until July 21. They were granted permission but on condition of cooperation with realtors. They have turned more potential buyers away...and not paid. We want to file a notice to quit but are worried about any adverse effects the tenants could use against us if we file.?
From your facts you may be able to evict based on failure to pay rent and upon breach of the covenants of the lease. Either way the first step it a "Notice to Comply or Quit," commonly called a three day notice because you must give the tenant 3 days notice and opportunity to cure prior to bringing a formal eviction.
Let me know if I can help.
Don Eby
303-688-0944
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