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    claudebussy's Avatar
    claudebussy Posts: 1, Reputation: 1
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    #1

    Aug 7, 2007, 08:42 PM
    Evicting tenant
    How much time must I give a tenant to inform them I want them out at the end of the five months the tenant paid for. There was no written or oral lease agreement. Where would I get a copy of an eviction form for evicting a person but not for non-payment but just that I do not want to rent to them anymore.
    nolongerarenter's Avatar
    nolongerarenter Posts: 18, Reputation: 1
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    #2

    Aug 8, 2007, 06:29 AM
    Just tell them you want them out
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Aug 8, 2007, 06:48 AM
    Well, depending on the state you're in (see the first post in this forum for your state's Landlord/Tenant laws), you'd give them a 30 - 60 day written notice.

    Even though there was no formal lease, since they paid rent, your state's laws basically become your lease, so you'll need to follow that.

    You're not actually evicting them (unless they've violated the "lease"). You're giving them notice that you'll no longer be renting to them. If they don't leave at the end of the notice period then you'd evict them.

    HTH,
    Karla
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 8, 2007, 06:57 AM
    As noted you aren't evicting them. An eviction occurs when you need to have someone vacate the premises involuntarily because of a lease violation.

    How can there NOT be at least an oral agreement? At the very least, they hand you a sum of money and say this is to allow me to occupy the premises until x date. THAT is considered an oral agreement.

    I gather, because you said; "the five months the tenant paid for", that they have prepaid for a specific period. So all you need to do is send them a letter at least 30 days in advance, that you will not be renewing the arrangement and they need to vacate by x date. Frankly I would send such a letter at 60 days with a follow-up at 30 days. If they don't move then you have to evict.

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