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I have been renting out rooms in my house to make ends meet until it sells . The renters knew it was for sale before they moved in . One of the renters told me she cant pay the rent this month cause she quit her job as it was to stressful . She also said if I had to evict her then do it . I am on a very tight budget and cant afford a lawyer to write a notice to quit. There isnt a lease its month to month and I could use help with writing the notice to quit myself
Just write her a letter informing her she is deliquent in her rent and demand payment of for her to move out.
If she will not just move out, go down to the court house and file an eviction with the court. It does not have to be fancy, use any legal words, just plan and to the facts.
Sandy, you need to do two things. First you need to hand her a letter that says "You must pay the rent within the next 3, 5 or 7 days (depending on your state's law) or vacate the premises." Sign and date the letter.
The second thing you need to do is hand her a letter that says "Your tenancy is terminated as of 30 days from today". Sign and date this letter as well. Make sure you keep copies of both letters.
If she doesn't pay the rent within the 3, 5 or 7 day time period then you go to court and file a lawsuit for eviction. If she pays the rent within that time period, she still has to move out within the 30 day time period from the second letter. If she hasn't moved out by that date then you go to court and file a lawsuit for eviction.
Regardless of whether your method of leasing is legal, there is still a landlord/tenant relationship and you have the right to file a lawsuit for eviction as long as you follow all of the proper steps. Let us know what state you're in and we may be able to tell you how many days notice (3, 5 or 7) you have to give.
Filing a lawsuit in small claims court will get you a money judgment against the tenant but will not get her evicted. And there isn't much point in getting a money judgment against her right now, since she doesn't even have the money to pay the rent. After you get her evicted you can always file a lawsuit in small claims court for all of the money she owes you. But take care of the eviction first.
She is most likely a boarder or a lodger. Since you own the home and retain mastery over everything within it. The courts and your state laws will determine if she will be extended tenant rights. She will have to prove that she is a tenant by providing other information such as utility bills, key to her room etc. In many states their rights as tenants a very limited and all you have to do is give her reasonable notice to leave.
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