tenant wants to get off lease and be on month to month rental agreement. he will not sign renewal even with no increase in the rent amount. I prefer to find a new and better tenant, but this joker is not ready to leave and frankly will be very time consuming and a lot of trouble to make him leave now. Can i make a 8 month lease and send a nonrenewal notice in 6 months?
You can do whatever you and the tenant agree to do.
I do not allow tenants to remain without a lease. I send to them a notice (certified mail) which simply states that if they choose not to sign the new lease, they are required to move by _____date. It is their notice of termination. If they remain past that date they will be evicted.
I cannot see why it would be time consuming to have him leave. I have sent the 'consequences of eviction' letter to tenants to warn them that staying past the termination date will result in eviction and all the bad repercussions on their future ability to rent anywhere decent. eviction for hold-over is fast and easy. you don't even have to post a 'cure or quit'..just go file.
Your tenant wants a month to month lease so he can move at his convience...not yours. He wants time to shop around for another place. That will likely mean you will be left vacant in the winter while your tenant spends the summer looking. Serve your tenant by certified mail a notice of nonrenewal and begin to advertise for a better tenant. When your current tenant receives his notice he may offer to sign another lease. But, hold firm and tell him that your mind is made up. Do not leave him with any hope that you will reconsider. You need to be in control and not your tenant.
If both of you agree to terminate the current lease and sign up for a mtm lease, then anything goes. But I have to agree with the last post, it seems like he wants to move at his convience and leave you with a vacancy. Send him a nonrenewal notice in the required time limits and start looking for a new tenant. Better to have no tenant than a bad one.