30 Day Notice to Vacate Form

Im assuming that you have been holding a security deposit from this tenantand that although the tenancy is monthtomonth there are still terms of thetenancy laid out in a lease. “Monthtomonth” means just that not “withoutrules.”If so the terms of the lease most likely state that the tenant is required togive you a onemonth notice before ending their tenancy.The lease should also state what happens if the tenant fails to give younotice and decides to leave. Usually this means that the tenant doesnt gettheir security deposit back. Unless you didnt get a security deposit from thetenant in which case the problem is with you trusting people.If you dont have a written lease with the tenant youll have to look up theoverarching rules for security deposits in the landlordtenant code for yourcity county andor state to make sure youre allowed to keep it before yougo out and spend it on a nice dinner spa treatment or trip to Atlantic City.And make sure to get a lease drawn up and signed in the future.Note I am not a lawyer.

You’re in California.This is what’s known as an OMI Owner Move In.The answer really depends on your local statutes. Some cities have rentcontrols and in those cities there are usually statutory allowances for anOMI or in some cases also the move in of an immediate relative of the owner.An OMI is typically an exception to the local rent control ordinance forthat’s called a “just cause eviction” requirement that’s normally part of rentcontrol statutes.Typically for an OMI there’s a good faith requirement that the owner intendsto occupy the property for an extended time rather than rerenting theproperty within that time period. This is usually no less than a year — butcheck your local statutes.There’s also usually a requirement that it be the owner’s primary residenceduring that time.The notice requirement is by California statute local statutes may placeadditional requirements 60 days for tenants who have been there a year ormore and 30 days if they’ve been there less than a year.So the 30 day notice is fine at least for tenants who have not been there ayear or more.There are also potentially statutory relocation costs if the unit has beenoccupied for a certain period of time the situation described is a relativelyimmediate event you likely do not merit relocation costs. Check your localstatutes to be sure.The tenant usually gets “first right of reoccupation” say for example theowner moves in then moves out a month later — you could reoccupy the propertybefore anyone else is allowed to do so. This type of statute varies by city. Note that an OMI requires the same notice as any other Notice to Quit asnoted above 30 or 60 days and even then this is not an eviction.If the owner wants you gone then they will start an eviction proceedingwhich in California is a court order to Quit issued by a California SuperiorCourt.I would personally recommend not allowing things to go as far as an actualeviction and you should get in front of this with a lawyer if it’s going tocome to that. An actual eviction may prevent you from renting a new placeduring the background check. If you have any further questions you should probably contact your locallandlordtenant association or a landlordtenant lawyer or real estatelawyer in the jurisdiction where the unit is located.The circumstances around an OMI are generally very complicated and you willlikely need legal advice should you want to fight it.

As with all legal answers the law is different in every jurisdiction so noone here will be able to give you a definitive answer. In most jurisdictions if the rental agreement is silent and if the tenanthas already been advised to leave they are under no further obligation toprovide a date at which they are going to leave they are expected to vacateimmediately. Now its clear with this tenant that they want to extend theirunwelcome stay as long as possible so the eviction hearing is appropriate. Consistent late payments is interesting. Is this something that is part ofyour rental agreement If not it should be. In other words you should havesomething like Consistent late payments shall be defined as X or more latepayments in a Ymonth period holidays and office closures notwithstandingyou define X and Y. Hopefully its already in your contract. Anyway if your tenant vacates before the eviction hearing can take placeyour eviction hearing will usually just be converted to a breach of contractcase and you can use it to collect any back rent due or any damages to theunit and any other expenses that the preeviction vacation caused. You willhave to use the hearing to collect any rent due caused by the tenant living inthe unit beyond the rental period as Im certain the tenant will not pay rentwhen there is no contract. You have notified the tenant as required by statute that you will not becontinuing the periodic lease. Failure to vacate is proper grounds foreviction.

1. Read your local city or state landlord tenant law. They will outline the eviction process in detail for you. You should read and know them all anyways if you are renting property to protect yourself from costly mistakes. 2. In many areas it is actually quite easy to do yourself at the local court but you do have to follow each step perfectly or you might have your case thrown out. 3. In some areas there is a law firm that specializes in this. In Phoenix where I do business there is firm that does it for like 150 or something. At that price I used them even though I know how to do it myself because it wasn’t worth my time to drive across town two or three times to file and go to court in the proper local court 25 miles from where I live.

As most of the answers have stated the applicable law in your jurisdictionwill determine the difficulty there are attorneys that specialize inlandlordtenant law and they have the machinery honed for the particular lawsin your area. If you want to DIY start with the Nolo Press book forLandlords. It has all the forms and general instructions on how to proceed.The best method and cheapest is to induce the tenant to leave by making surehe understands that once he is forceably evicted he will have one hell if atime finding another landlord that will accept him. Almost all landlords nowuse one of the services that digs up all the dirt on a prospective tenant andalmost no Landlord will rent to anyone who has put another landlord in theposition of having to pursue an eviction. The time tables are different indifferent jx. In Calif its 3 days on defaults and 60 days if the tenant hasbeen in possession for more than a year. Other states it’s 7 days before aNOTICE OF DEFAULT can be served. If the the tenant not is not in default manystates now required a 60 day notice. If the tenat ignores the notice then youproceed with the action by serving a notice of default for failure to vacateNever enter into any kind of murky agreement oral or written that can beinterpreted as giving the tenant any sort of option in any way thisautomatically can be used to defeat a summary proceeding for eviction thenyour looking at months of litigation in a complex case that can be stalled fora long time. Never do anything that will allow the tenant to raise a counterclaim like changing the locks or turning off the utilities he can thencounter for punitive damages vindictive eviction you name it. These all addto time required to recover possession. The secret of success on a summaryproceeding is to follow the prescribed procedure precisely make sure thetenant and all other occupants are properly served any defect in the serviceand you will have to start all over. If a tenant fights the eviction usuallyyou won’t get possession in any time less than two months from the date youfirst served the first notice.

No. A monthtomonth tenancy may be terminated for any reason or for noreason at all. Thus no reason is required nor should one be given. When occupancy continues after a lease expires in New York State a monthtomonth tenancy is established under the same terms and conditions as theexpired lease. That means if you wish to send an official notice to thetenant you should do so in strict accordance with the lease terms usuallyfound under the caption Notices. Posting notices on the tenants door or personal delivery unless used as alast resort may not qualify as having given notice under the strict terms ofthe lease so you may leave yourself open to a common procedural defense ifthe tenant then does not wish to leave. As far as I know any official notice would require the signature of thelandlord or its authorized agent or at least a signature stamp or seal butyou would have to ask a lawyer to get a definitive answer on that. In most residential tenancies notice is required to be delivered by certifiedor registered mail with return receipt to the leased premises which ispresumed to be the tenants principal place of residence unless an alternateaddress is specified in the lease.

There is no such thing as a notice to vacate from a tenant to a landlord soIm not sure what youre asking here. Such a notice would come from a landlorddemanding that a tenant vacate a leased premises. In any event email is generally recognized by NYC courts as a legally validform of agreement andor notice a written signature is not necessary.

There is an alternative solution that might work. You are the only one on thelease so YOU have to pay the landlord the full rent on time and if you dothat you won’t be late. Of course you then have to get your roommate to payyou and that part might not be so easy.Now you are getting a little taste of what landlords have to put up with whenit comes to some tenants.Now as to whether you have to give a notice and how long even if not on thelease that can vary by state. For example there was a story a few years backwhere an AirBnb guest in California stayed for more than 30 days and of coursethere is no lease in place that length of stay in CA gives that person rightsjust like a tenant so if you were in that state you would have to give aproper notice based on state law and you might even have to proceed to filefor eviction AKA unlawful detainer if the roommate did not leave.That could give you a second taste of what landlords have to put up with whenit comes to some tenants.