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.
If a rooming house tenant is given a 60-day notice to vacate because of renovation, can the tenant leave immediately if he wants with no lease?
Disclaimer: I’m not a lawyer, so this isn’t legal advice.The situation may be governed by local regulations.It would also depend on the wording of the notice.For example—and you’ve posited no lease that might address required notice on the part of either party—the notice might (and probably does) call for the tenant to vacate within 60 days. If that’s what it says—the tenant has a maximum of 60 days in which to vacate—the tenant would appear to have the right to leave sooner if he so chose.Further, it’s negotiable. For instance, if the tenant wants to leave immediately and the landlord is agreeable to that, then it’s simple: They agree (and do it in writing) that the tenant can leave immediately. Or if the landlord counters and offers 15 days and that’s OK with the tenant, then that’s what they agree to.But work it out with the landlord.
When given a 60-day notice to vacate the premises. Does that mean you have to be out before 60 days are up?
In most, if not all, states, a landlord must file an action in the locality’s Landlord-Tenant court if the tenant is still in the apartment. There are grounds in some cases, depending upon the state’s laws, to terminate a tenancy upon prior notice. But there are also potential defenses a tenant may use. You must determine the following, under your state’s laws, and in some cases, under federal laws and regulations (especially HUD, if applicable):(1) Is the landlord even legally permitted to terminate your tenancy upon 60-day notice? While your lease may include such a provision, you must be familiar with and understand what your state’s laws say about a landlord terminating a tenancy.(2) When does the statutory notice period begin and when does it end?(3) Does the law require any additional notices or procedures prior to a lease being terminated? For instance, is there a specific manner of service required by the state’s laws? (e.g. regular and certified mailing, hand delivery?). In many states, a defective notice is a ground to have the eviction action dismissed.(4) Does federal law apply? In many federally-subsidized apartments, including those where a tenant is residing in private housing but obtains, either directly, as through a voucher (e.g. Section 8 voucher), or by means of a subsidy paid to the owner that applies only to the building, there are specific notice requirements that may be stricter than the state’s own notice requirements.(5) Does the state require an eviction ‘for cause’? Determine whether the law in your state enumerates specific grounds to evict, to the exclusion of any evictions that are not for cause.Even if the landlord followed proper notice procedures and the contours of your state’s law, the landlord will still have to file an action in court if you remain in possession, and may not, in all likelihood, lock you out, change the locks, throw out or remove your belongings, or compel you to move out, by threats or physical actions. The landlord ultimately must file an action in court if you remain in possession. You should apprise yourself of your state’s laws regarding eviction actions and consider consulting with an attorney.
Can I give my tenant a 3 day notice to pay or vacate?
If your tenant has not paid rent on or before the date that the rent is due, then you certainly can give the tenant a proper notice to pay or move out. Your local landlord tenant laws will state what the notice period is, since it might not be three days. In some places that is called a "notice to quit". In any case, you will either need to familiarize yourself with your landlord tenant laws, or retain an attorney to assist you, the former is initially less expensive than the latter, but at some point you might be needing the latter anyway.
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, 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.
When tenants give landlords 30-60 day written notice that they'll pull out of the lease, are they required by law to find replacement tenants?
let me speak from the perspective of southern florida… we have multiple answersif I made the lease:if you were a nasty person to me —-then on page 8 or 9 it state’s you’ll pay 2 months worth of damages for breaking the lease. thanks for giving me the heads up. and you still won’t get your security deposit back unless I first get into the unit. and I will get the 2 months for sure.If you were human to me —-then I’ll chat with you about page 8 or 9, and ask you for reasonable access to get a tenant. most likely I’ll find one on time, and you’ll eat the commision I had to pay to get it rented and since I had access, all of your security deposit is returned because I pointed out the damage that was fixable and you fixed it.most tenants understand the issues, so they will get a replacement tenant with the right qualification, and you won’t get a bill for lease terms breakage.
I sent my 60-day notice-to-vacate to landlord. The apt’ll be vacant in the final 40 days. Can he release my apt to find new tenant under my consent in the 40 days (in AZ)? He said it’s illegal even if I want to cover the cost b4 new tenant moves in
I have been a landlord for a minute now, in the interest of self preservation I have found it necessary to become an expert in renters rights and a landlords obligation.The terms by which you vacate the premises should be laid out in in your lease. Nearly all leases use the same standard language that protects your rights and the landlord's interests.The standard notice to vacate is normally required 30 days prior to the day you move out. Giving a 60-day notice really doesn't benefit your landlord that much as they are bound to the terms of the lease that prohibits them from taking any action before the 30 day requirement. Most leases will give your landlord permission to show the apartment while you are still living there, however they still must respect your tenancy and give you 24 hours notice before entering your apartment for any reason other than an emergency.If you paid your last month's rent your landlord should be very grateful and accommodate you as much as possible. Over half of the tenants use their security deposit towards their last month's rent, this often puts the landlord in a bind, if the tenant has damaged the unit they are out of pocket to fix it.