Re: Getting Renters out - Landlord Forum thread

Re: Getting Renters out by Anonymous on November 3, 2009 @20:02

If their lease has expired, you can simply give them a one month written notice to vacate. State that you are terminating their month to month tenancy and that they need to be out of the unit and return the keys by the end of that period. Keep a copy of the notice. If they do not move out, file to evict.

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Re: Getting Renters out by kris (Idaho) on November 5, 2009 @14:43	[ Reply ]
I have a question what if you dont have a lease agreement with the renter? they cant pay the rent until the 15th we told them that is too late and that we would just like them to go ahead and move out. Do we need to give them a 3 day notice? or can we just give them a verbal 30 day? I think Iam screwed in a way because I dont have a lease with them. any answers?

Re: Getting Renters out by OK-LL on November 8, 2009 @18:53

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When you don't have a written lease or rental agreement (RA), the law recognizes that you have an implied M2M RA (or whatever periodic term they pay the rent on -- for instance, if tenant pays the rent every week, you have an implied W2W RA). For these implied agreements, the law usually designates the amount of time required for terminating the rental as one rental term (you should check your state LL/T law to determine if this is true in your state). So if no violation of the rental agreement has occurred, but you just want the tenant out, give them a written 30-day notice to terminate the rental. If they don't leave at the end of the 30 days, you evict based on the termination and ask for rents owed, damages, and anything else allowed under law (in OK, we get 2x the rent for the holdover period).

If the tenant has not paid rent when due under the oral agrement, you must serve a X-day pay or quit notice and then, if rent is not paid, you proceed to court for an eviction suit, again asking for all rent due, damages you are aware of, etc. You then come back to court after you have possession and file another suit for additional damages you have identified, if any.

Good luck.