Ask Experts Questions for FREE Help !
Ask
    jsancarman's Avatar
    jsancarman Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 8, 2008, 04:59 PM
    I have a tenant on a month-to-month basis I want out. How soon can I do this?
    I have a renter whom I want out for several reasons. This is a property which I own. She was on a 6 month lease. It expired 2 months ago, and is there month-to-month. It was in the original agreement that I pay the utilities. She just run them up with no regard of the cost to me. I told her Sept 6th she would have to be out in 30 days, and I was shutting off the utilities. She told me she was mot moving before the end of October, and she was only giving me half the rent. Am I within my rights to shut off the utilities and, or have her belongings removed?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #2

    Sep 8, 2008, 05:20 PM
    No to shutting off the utilities or having her belongings removed. She must be formally evicted legally.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
    		  
    #3

    Sep 8, 2008, 08:14 PM
    First of all, do everything in writing.

    You can terminate her periodic (month - to - month) tenancy at any time by giving her proper notice. There's a sticky at the top with a link to your state's landlord / tenant laws. It's usually 30 days, but does vary from state - to - state. Then if she doesn't vacate you can evict her for hold-over.

    OR, since she hasn't paid her rent in full you can give her a "Pay or Quit" notice. Again, if you see your state's laws it will explain how many days notice you need to give, etc. If she doesn't leave within that time you begin an eviction suit against her.

    If you keep communicating with her verbally you won't have any evidence or proof for court when you eventually wind up having to evict her, or she sues you for illegally evicting her (removing her belongings.) If you shut off her utilities (which you agreed to pay) she can sue the pants off you and would have every tight to do so!

    You really need to learn your state's laws and use a good lease that protects everyone - you and the tenant. I would highly recommend finding an apartment association or a landlord association in your state / area. They can provide a lot of great education that can keep you out of trouble, in addition to educating you on good ways to run your business (paying tenant's utilities is always risky, at best, from a business standpoint, as you're finding out.)
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is it common to have a 2 month notice to vacate on a month to month lease? [ 2 Answers ]

Can my landlord require me to give a 2 months notice to vacate even though my lease is month to month? It was in the lease which was originally a 1 year lease which after the year, change to month to month. I can see giving 60 days with the year lease, but not on a month to month.

Giving notice to a month-to-month tenant w/ no written agreement [ 1 Answers ]

Hi. I really want to move my current tenant out of the guesthouse. He never cleans and has an unsightly and dangerously huge pile of used computer parts, newspapers and old mail in the middle of the kitchen floor, despite being asked repeatedly to remove it. How much notice must I give him, and...

How can I ask my roommate to give 30 days notice on a month to month lease ? [ 1 Answers ]

I am3 months into a month to month agreement with my current roommate. We were in a 6 month lease together that has expired over 3 months ago. I am currently wanting to dissolve the relationship and go into a 12 month lease with our landlord on my own. I know she is not ready to vacate, but can I...

View more questions Search