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Need to end Month to Month - Landlord Forum thread 359294

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Need to end Month to Month by mauee20 on May 7, 2019 @13:53

My tenant came to me on May 1 and told me they would be out by the end of the month. They have NOT paid rent on the assumption that their security deposit is rent. I have done my job and have an excellent new renter ready to sign a lease.

Now current tenant is now back peddling and I verbally told her that we expect them to be out by the end of the month. What type of documentation do I need to back this up. Will a letter saying that their tenancy is up at the end of the month enough to cover it? I don't want to start an eviction at this point but is that the correct thing to do here?
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Re: Need to end Month to Month by lpadave on May 7, 2019 @14:55 [ Reply ]
the brief answer is check your local laws re HOLDOVER.
If your tenant gave you written notification of THEIR intent to vacate on a specific date, and they then stay beyond that date, they are a holdover and subject to extra rent per the state laws. This is usually DOUBLE RENT.

tHE KEY IS everything NEEDS TO BE IN WRITING, with a date certain that they said they would be out.

Unless your lease says something to the contrary, USUALLY this is a slam dunk for you in housing court.

bringing this to their attention, may get them out promptly.
Re: Need to end Month to Month by Garry on May 7, 2019 @17:10 [ Reply ]
I totally agree with LPADave, that everything needs to be in WRITING. But looking at your post, I don't think you have that. First, and foremost, DO NOT sign a new lease with any new tenant, until you have the old one out, and the place is READY to re-rent.

What if the T who told you they were moving, doesn't move? What if they leave lots of damages and cleanup costs for you before you can move in a new tenant? And, yes, you may have to go to court to get the T out, which take time. And at the same time, if you signed a lease with a new T, you may be in violation of your own lease, because you cannot give them possession when you were supposed to. Never put yourself in that kind of bind.

You need to start over again, and get it in WRITING as to when the T will be out. Words usually don't hold up in court to well, but documents do. And since they have not paid May's rent yet, DO NOT accept their sec.deposit as any rent. Tomorrow, you need to send them a 3 day notice to pay rent or quit(move). Send it both regular and certified mail, and tape a copy of it to their front door(if you can't hand them the letter directly). Then wait 1 week before starting any further eviction procedures for non-payment of rent. Deposits should only be used for rent owed, cleaning, and repairing damages, AFTER a T has move out.

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