When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.
In California, what “illegal activity” is grounds for giving a tenant 3-day notice to vacate?
Any activity that is against the law. Common ones encountered in residential properties include prostitution, drug use, manufacturing, possession, and distribution, fencing, chop shop, theft rings, etc.It helps if your tenant has been arrested or is under indictment but that's not strictly necessary. If you have evidence of illegal activity but it's not sufficient for a criminal prosecution you may still prevail since the burden of proof in a civil matter is much lower than for a criminal matter.
Does a tenant need to give 30 day notice to vacate during the eviction process?
As with all legal answers, the law is different in every jurisdiction, so no one here will be able to give you a definitive answer.In most jurisdictions, if the rental agreement is silent, and if the tenant has already been advised to leave, they are under no further obligation to provide a date at which they are going to leave, they are expected to vacate immediately. Now, it's clear with this tenant that they want to extend their unwelcome stay as long as possible, so the eviction hearing is appropriate."Consistent late payments" is interesting. Is this something that is part of your rental agreement? If not, it should be. In other words, you should have something like "Consistent late payments shall be defined as X or more late payments in a Y-month period, holidays and office closures notwithstanding" (you define X and Y). Hopefully, it's already in your contract.Anyway, if your tenant vacates before the eviction hearing can take place, your eviction hearing will usually just be converted to a breach of contract case, and you can use it to collect any back rent due, or any damages to the unit, and any other expenses that the pre-eviction vacation caused. You will have to use the hearing to collect any rent due caused by the tenant living in the unit beyond the rental period, as I'm certain the tenant will not pay rent when there is no contract.You have notified the tenant as required by statute that you will not be continuing the periodic lease. Failure to vacate is proper grounds for eviction.
In California, can I use a single 30-Day Notice to Vacate form for a tenant who occupies both my RV and boat in a harbor under a verbal agreement?
If you serve only one notice, a difficult tenant could argue that they are separate residences and so the single notice was not proper, they were confused, or some b.s. like that.I would use two notices, just to cover your bases. The additional time and effort isn’t significant and is more likely to be legally correct.Interesting rental situation :-)
What happens if a month to month tenant does not give a 30 day notice to vacate and just packs up to leave?
I'm assuming that you have been holding a security deposit from this tenant and that, although the tenancy is month-to-month, there are still terms of the tenancy laid out in a lease. (“Month-to-month” means just that, not “without rules.”)If so, the terms of the lease most likely state that the tenant is required to give you a one-month notice before ending their tenancy.The lease should also state what happens if the tenant fails to give you notice and decides to leave. Usually this means that the tenant doesn't get their security deposit back. Unless you didn't get a security deposit from the tenant, in which case the problem is with you trusting people.If you don't have a written lease with the tenant, you'll have to look up the overarching rules for security deposits in the landlord-tenant code for your city, county, and/or state to make sure you're allowed to keep it before you go 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.
What happens if a landlord gives a month to month tenant a 30 day vacate notice, but the tenant refuses to leave?
In the presence of a properly executed lease on file, I would think the landlord would take the very next step as spelled out in the “Failure to Perform” section of the lease.For most, that will be step 1 in a formal eviction procedure - which will vary from state to state.Without a lease on file, or in a situation where the venue does not permit M2M lease terms, or in some rent control jurisdictions, this may not be something the landlord can accomplish easily.
Is it against the law in California if a landlord hides the fact that a place is only available for 60 days when signing a month-to-month lease and then gives the new tenant a 30-day notice to vacate after he has moved in for only 30 days?
An obvious risk to both landlord and tenant is that either can terminate at any time, on 30 days notice and there is nothing illegal or actionable by either landlord or tenant not disclosing an intention to end it soon than the other may anticipate.Now, if by hide you mean that the landlord affirmatively mislead the tenant with words that the apartment would be available for a longer term when they knew that not to be true, that may be found to be misrepresentation and subject the landlord to damages.If a tenant wants to be assured of a a certain duration then they must negotiate for that and sign a lease for a minimum term.I don’t like what the landlord did, and would note that tenants may do the same thing. The landlord may select a tenant over other applicants not know that the tenant plans it to be a short term rental. I don’t like that either. I’d prefer people disclose what they know will likely be important to the other party.
If the tenant gave a 30-day notice on Oct. 1st to vacate by Oct. 31st but vacated on Oct. 25th, does the landlord have to pay 5 days rent back?
No.If a 30-day notice was required, then the tenant owes 30 days of rent from the date notice was given. Although the tenant may not have lived there during those final days, the tenant is still obligated to pay those 30 days of rent.Otherwise, what would be the purpose of a 30-day notice? In this scenario, if the tenant gave notice on October 1 and vacated on October 2, you wouldn’t expect the landlord to refund 29 days of rent.Beyond that, a 30-day notice period protects both the landlord and the tenant. Otherwise, you’d have to argue that if the landlord gave the 30 day notice on October 1, the landlord could kick the tenant out 5 days early . . . or 29 days early. The landlord has to abide by the 30-day notice, as does the tenant.For more information, check with an attorney.
In New York City, is a 30-day notice to vacate provided by a tenant to a landlord via email legally sufficient?
There is no such thing as a notice to vacate from a tenant to a landlord, so I'm not sure what you're asking here. Such a notice would come from a landlord demanding that a tenant vacate a leased premises.In any event, email is generally recognized by NYC courts as a legally valid form of agreement and/or notice, a written signature is not necessary.