FAQ

How do I get rid of a tenant with no lease renting on a month to month basis, after being give 30 day notice to vacate legal for when can I change locks?
As most of the answers have stated, the applicable law in your jurisdiction will determine the difficulty - there are attorneys that specialize in landlord-tenant law, and they have the machinery honed for the particular laws in your area. If you want to DIY, start with the Nolo Press book for Landlords. 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 sure he understands that once he is force-ably evicted, he will have one hell if a time finding another landlord that will accept him. Almost all landlords now use one of the services that digs up all the dirt on a prospective tenant, and almost no Landlord will rent to anyone who has put another landlord in the position of having to pursue an eviction. The time tables are different in different jx. In Calif its 3 days on defaults and 60 days if the tenant has been in possession for more than a year. Other states it’s 7 days before a NOTICE OF DEFAULT can be served. If the the tenant not is not in default, many states now required a 60 day notice. If the tenat ignores the notice, then you proceed with the action by serving a notice of default for failure to vacate, Never enter into any kind of murky agreement oral or written, that can be interpreted as giving the tenant any sort of option in any way - this automatically can be used to defeat a summary proceeding for eviction - then your looking at months of litigation in a complex case that can be stalled for a long time. Never do anything that will allow the tenant to raise a counter claim like changing the locks or turning off the utilities - he can then counter for punitive damages, vindictive eviction, you name it. These all add to time required to recover possession. The secret of success on a summary proceeding is to follow the prescribed procedure precisely - make sure the tenant and all other occupants are properly served - any defect in the service and you will have to start all over. If a tenant fights the eviction, usually you won’t get possession in any time less than two months from the date you first served the first notice.
Do I have to give a 30-day notice of eviction to a rogue tenant?
Some questions need a lawyer to answer, and this is one. If this person is a squatter, guest of a tenant or simple trespasser—if he has possession(ie: keys, utilities,etc.), or lives with someone who does, my experience is yes, you have to evict. The notice in my area is less than 30 days, but it requires a formal, legal eviction. A word to the wise: evictions are time consuming and expensive. I might offer to pay him to leave, the old “cash for keys” routine. It will save time, money and heartache. Don’t pay until he’s out and you have some written agreement he won’t come back.
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.
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.
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.
What happens if my tenant gives me 30 days notice but then fails to leave?
What YOU will do in such a situation is up to you, but if a tenant of mine gave a thirty day notice that they intended to vacate the property, I probably would have already secured a lease from another individual to take up the property.During the remaining thirty days, I would have verified receipt of the tenant’s intent to vacate. I would have planned a few days between occupancies and would already be diligent in taking care of any damages that need more extensive work and charging those to the vacating tenant.The idea is to turn a property around as quickly as possible. An unoccupied property costs me money.If the tenant who gave notice is not out (and I certainly would have not accepted any additional rent), I can rely on the state of Louisiana, to quickly issue an eviction. Additional charges would be assessed for court charges and time required to process it, days occupied, and a lease mandated loss of the security deposit would occur, leaving the suppose-to-be-gone occupants with a significant financial hit that the court would make part of the settlement. Within 10 days I usually can have a lock change and sheriff ‘s removal of the refuse-to-leave occupant’s belongings.If the tenant who has filed notice with me determines to stay BEFORE I obtain a lease to follow them, then the supposedly leaving tenant would have an opportunity to sign a new lease, possibly at a higher rate, but definitely NOT at a lower rate, in order to remain. I am not particularly aminiable to negotiating a lease in the final thirty days of a lease, and the terms will reflect that.I find individuals who make life difficult for others are not particularly worth keeping as a tenant, and that individual will find occupancy under my management very difficult.
A UK shorthold tenancy is coming to an end in 30 days and the tenant owes rent. Can we terminate her contract with 30 days notice and get her out?
I really feel for your situation.I presume that the Tennant signed a 6 month or 1 year letting agreement that comes to an end in 30 days.What I would do is give them a 30 day notice to leave (do this 30 days before the end of the contract). Then if they don't leave on that day I'd file a case for eviction (don't just do nothing and hope she'll leave eventually as that could be 6 months away or fall for any bs like “I'm moving in a few days”) if she has defaulted on any of the rent the court should grant you an eviction notice without issue. After you have an eviction notice served to them you may have to get bailiffs involved to get rid of themWhatever you do don'tChange the lock before she's left or the bailiffs kick her out, even if you have an eviction noticeGet rid of any stuff she's left there, she could sue you if you doIt's probably a good idea to speak to a solicitor or a company that specialise in evictions
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.
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