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    Desert Diva's Avatar
    Desert Diva Posts: 8, Reputation: 1
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    #1

    Dec 19, 2006, 01:36 PM
    Terminate tenancy with no written lease
    As first-time landlords, we rented our small condo on a month-to-month basis to our nephew and his girlfriend without a written lease. The girlfriend moved out and the nephew moved in a buddy to help pay the rent. Then the nephew moved out and now we want to serve the remaining party with a 30-day Notice to Terminate Tenancy. The rent is current as of now.

    Is there anything we need to be careful about since there is no written lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 19, 2006, 01:38 PM
    Just that you follow the law governing landloard/tenant relations in your area. If the rent was on a monthly basis, then a 30 day termination notice is in order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 19, 2006, 02:20 PM
    The only issue if there was a deposit, he is not liable since the other people paid the depoist.

    And what if any legal agreement or verbal rental have you ever had with him, if his agrrements were only as a sub lease from the other party.

    I am just thinking what if after he moves out there is 500 dollar to 2000 dollar in damge, who are you going to hold responsible and how.

    If he is a sub renter from the newphew then the newphew is still responsible till he moves out, if you rented to him after the newphew moved out did you get a security deposit from him as well, do you have his full name and drivers license and social security number so you can file against him and the such.
    mjinms's Avatar
    mjinms Posts: 39, Reputation: 0
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    #4

    Dec 23, 2006, 09:08 PM
    Quote Originally Posted by Desert Diva
    As first-time landlords, we rented our small condo on a month-to-month basis to our nephew and his girlfriend without a written lease. The girlfriend moved out and the nephew moved in a buddy to help pay the rent. Then the nephew moved out and now we want to serve the remaining party with a 30-day Notice to Terminate Tenancy. The rent is current as of now.

    Is there anything we need to be careful about since there is no written lease?
    You messed up unless you can prove there was a verbal contract and more than one person heard it. If you go to court you need those witnesses. If you want to go to small claims court you can get the money, you need his social security number, place of employment just in case they need to garnish his wages. If he doesn't show up to court(they will serve a supoena to him, part of the processs) AND if he doesn't show up they will do a lock out on the condo and remove him in the lock out procedure. Lock out procedure is done with a officer of the law that will escort you to the condo and you change the lock while tenants are told to leave by the officer. If they act up the officer will arrest them and remove both from the premises. In order to do the process there is a fee but you get it back when you go to court and win. For now on, always get stuff in writing and get copies of drivers license and witnessed signatures. Take pictures of tenants and have them sign the picture. Just tell them its for your files and tax purposes. Get copies of tenant and lanlord laws for your state and have copies for tenants to sign as well.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 24, 2006, 05:19 AM
    Quote Originally Posted by mjinms
    You messed up unless you can prove there was a verbal contract and more than one person heard it. If you go to court you need those witnesses. If you want to go to small claims court you can get the money ...
    Whoa. I think you have read a lot more into this situation then the OP gave us. There is no need to prove any contract here. In the absence of a written lease the occupant of an apartment is considered to be operating under a month to month lease. That means the lease can be terminated at any time by either party with notice. Generally that notice is considered to be one rental period. So if rent is paid monthly, a month's notices is needed.

    The OP stated that rent was current so there is no money to get. The question was simply how to terminate the occupancy. So all the OP has to do is give notice. IF the tenant doesn't vacat within the notice, then the OP has to start eviction proceedings according to local procedures. Small claims court would only enter into things if the tenant refuses to pay the final rent due or leaves the apartment damaged.

    You were also off base in telling the OP they messed up. Remember the original tenant was a nephew. While it would have been better to get a written lease, this was a family arrangement.
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