NWR: Anyone have/is a tenant??

FH legally rents out the upstairs of his house but has been having problems with the tenants. Without going into details, it's really getting in the way of and distracting the planning of the wedding. Does anyone know the proper procedure to kick out a tenant or where I can read up on their rights? TIA for any help!

ETA: Its a month to month lease. And a lease agreement was signed.

does the tenant have a long term lease or are they month to month?
i'm not a lawyer or anything so any advice i give is based soley on past experiences with either myself or family/friends.

What kind of lease did he give them?

I used to have a tenant

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Posted by smplynluv

Its a month to month.... people are telling me that I need to send something certified mail... i dunno....

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send a letter breakign the lease.., you have to give them 30 days.....from the time of mailng. Send it certified return receipt for proff that you gave them 30 days.

if they are not out in 30 days you have to file for an eviction

you should quote the rental lease with the procedures for breakign the lease when u draft the letter

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Posted by Mizzdimple

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Posted by smplynluv

Its a month to month.... people are telling me that I need to send something certified mail... i dunno....

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send a letter breakign the lease.., you have to give them 30 days.....from the time of mailng. Send it certified return receipt for proff that you gave them 30 days.

if they are not out in 30 days you have to file for an eviction

you should quote the rental lease with the procedures for breakign the lease when u draft the letter

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all of this is correct. if it's a month to month lease, you have to give them one 'term' notice when breaking the lease - in your case, a term is one month/30 days. if you want to be a nice landlord, you can give them two months but make sure to put in writing that, by law and under the terms of your lease, you are aware that you only have to give them 30 days.

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Posted by florezpeeps

you have to provide them written notice to vacate, the date to vacate by has to be at least a full 30 day calendar away from the notice's date, i recommend that you also quote the verbiage on your lease that solidifies the tenant was month to month, as you can see i vacate clients lol, hth

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LOL, I was like wow, Helen is NO joke right now! She must kick peole to the curb often

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

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So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

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Posted by smplynluv

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

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So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

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YES, you give back the security dep once u inspect. I would give them notice after you get the montly rent. JMO. They may try to live out the sec. deposit.......which they cant do

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

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So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

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YES, you give back the security dep once u inspect. I would give them notice after you get the montly rent. JMO. They may try to live out the sec. deposit.......which they cant do

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So you think I should wait until after I get Oct 1st rent?

just a tip---if things are getting ugly between you and the tenant---be prepared for a battle.

you can tell them to be out in 30 days -- but if they aren't out within 30 days days and don't want to leave you must file the notice of eviction---but in betwen the time that the notice of eviction goes thru in the court--and they are actually evicted....could take some time. and they could be jerks and decide NOT to leave and NOT pay rent.

be sure you DO NOT under any circumstances change the locks! you can be fined $100 a day for each day they are locked out of the apartment --before they are officially evicted.

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Posted by smplynluv

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

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So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

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YES, you give back the security dep once u inspect. I would give them notice after you get the montly rent. JMO. They may try to live out the sec. deposit.......which they cant do

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So you think I should wait until after I get Oct 1st rent?

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I would....lol....try to do it after you get the rent..

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

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So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

---

YES, you give back the security dep once u inspect. I would give them notice after you get the montly rent. JMO. They may try to live out the sec. deposit.......which they cant do

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So you think I should wait until after I get Oct 1st rent?

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I would....lol....try to do it after you get the rent..

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I just found a document telling them they have to leave since rent hasn't been paid. We are still waiting for rent that was due Sept 1st. We are supposed to pick it up today. I think if they still don't have it today we will just serve them with that. Rent problems have been an issue.... But, if they do pay (finally) I 'll serve them instead with the regular papers... does this make sence? Like this we'll have something on them?

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Posted by smplynluv

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by Mizzdimple

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Posted by smplynluv

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Posted by kristi313

we have tenants too and unless they signed for a specific amount of time you can ask them to leave with reasonable notice. just one tip, if you're going to tell them they need to be out say Nov. 1st, make sure you get Oct 1st rent before you tell them, or you'll never see that money. also, when you do ask them to leave, make sure you can inspect the apartment to make sure there aren't any crazy damages, take pictures if you have to if you think they will be spiteful and trash the place in month.

---

So I AM allowed to still collect Oct. 1st rent if I tell them to be out by Nov. 1st?

---

YES, you give back the security dep once u inspect. I would give them notice after you get the montly rent. JMO. They may try to live out the sec. deposit.......which they cant do

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So you think I should wait until after I get Oct 1st rent?

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I would....lol....try to do it after you get the rent..

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I just found a document telling them they have to leave since rent hasn't been paid. We are still waiting for rent that was due Sept 1st. We are supposed to pick it up today. I think if they still don't have it today we will just serve them with that. Rent problems have been an issue.... But, if they do pay (finally) I 'll serve them instead with the regular papers... does this make sence? Like this we'll have something on them?

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Yes., if you have not received the rent as you should then you have grounds. But with a month to month lease you dont need a reason to end the lease..you are not even 'breaking the lease' you are ending it. You dont even need to tell them why, for all they care, your family needs a place to live and you need them to leave.

If you decide to talk to them or give them a letter, i would send a copy certified on that same day.