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Purpose of Month to Month? - Landlord Forum thread 355485

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Purpose of Month to Month? by mike (NY) on December 31, 2017 @09:51

Hey guys, since having a month to month lease won't help you evict a tenant any quicker than an annual lease, what would be the purpose or advantages of such a lease please?
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Re: Purpose of Month to Month? by Garry (Iowa) on December 31, 2017 @12:11 [ Reply ]
You are correct, that if you go to evict someone for non-payment of rent, it will take about the same amount of time (assuming you win), whether they are on a M2M or 1 year lease. But there are many other ways to break a lease, that a judge may be very reluctant grant you an eviction for. If a T brings in extra people or pets, has a junky-looking yard, has done some damage to your property, has wild parties that neighbors don't like, has several police calls to the property, etc. , then you may want to end a lease ASAP. Whereas YOU may want them "evicted", a judge may say no, and may or may not grant you some monetary damages, but not a eviction. So you may have to sit back and watch as the T continues breaking your lease, until the end of it.

I have 20 SFHs, and have been a LL for 37 years. About 12 years ago, I started making all my leases M2M, starting from day 1, and even at the start of winter. A M2M lease at least gives you the possibility of giving a T a 30 day notice to move, at any time you decide enough is enough. It gives you more control over a T that looked good after checking their paper trail backgrounds, but maybe not being able to check on how they were actually living. True, you still may have to go to court to evict them, but as long as you have given the proper notices, and some reasons why you are terminating their M2M lease, a judge usually will grant you an eviction, usually based on the T being a holdover T.
Re: Purpose of Month to Month? by Anonymous on December 31, 2017 @15:57 [ Reply ]
m2m gives LL more control. If tenant is a problem, with an open lease term,many judges will favor the tenant if the tenant has been paying rent ok or even if late but current.

I have always believed that if a t wants to move, they will no matter what the remaining term on the lease, whereas the LL will probably have to pay to get a performing t out early

many t and ll are starting to want auto deposit and i've had prospects offer to pay a year in advance,....which i decline on both. I believe it gives t too much control and opens too many cans of worms for the '''but your honor''' defense.

i still start with a year term lease that then goes m2m. i find it attracts more stable, quality t's and i'm willing to deal with a 12 month initial period. as the years pass,....the years pass quicker !!

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