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.
smplynluv
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Re: NWR: Anyone have/is a tenant??
Posted by Mizzdimple
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.
Ahh, You are the BEST!
Thanks so much to everyone who helped! Hopefully this won't be as nasty as I'm anticipating... Thanks again!
Mizzdimple
Posted:
Member since
Re: NWR: Anyone have/is a tenant??
Posted by smplynluv
Posted by Mizzdimple
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.
Ahh, You are the BEST!
Thanks so much to everyone who helped! Hopefully this won't be as nasty as I'm anticipating... Thanks again!
good luck!
kimNanthony
Posted:
Member since
Re: NWR: Anyone have/is a tenant??
Here is some advice: If it is a month to month lease you only need to give them a months notice. You don't need a reason for kicking them out as long as you give this notice because either party can freely terminate a month to month lease with this proper notice. However, the lease has to end at the end of a natural period. For example, you cant tell them today and expect them to move out by October 10. You would have to wait until October 31st. As long as you tell them by the end of September and give them until October 31 you will be fine. I say the more notice the better so tell them now and give them a month and a half, and keep documentation of the letter you gave them.
kimNanthony
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Re: NWR: Anyone have/is a tenant??
BUMP
adspace
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Re: NWR: Anyone have/is a tenant??
It looks like some of the posts below have some accurate information while other have partially accurate information. I suggest that you visit: http://www.courts.state.ny.us/courts/nyc/housing/index.shtml The landlord -tenant courts are designed to be pro-se friendly and contain a lot of user-friendly information on the their webpages. This link is for NYC housing Court. I believe Nassau and Suffolk County also have similar web pages. Regardless, I think it will clarify what your basic rights and remedies are. Also, be aware that the courts generally are pro-tenant.
DonnaPWhite1124
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Re: NWR: Anyone have/is a tenant??
09 crashing..I dont know much about the laws or loopholes of renting, but I do know that sometimes the tenant can actually squat(as they call it) without having to pay rent-even if the landlord wants them out! Its absurd!
kristi313
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Re: NWR: Anyone have/is a tenant??
Posted by smplynluv
Posted by Mizzdimple
Posted by smplynluv
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
So you think I should wait until after I get Oct 1st rent?
absolutely!!! if they will be there for the full month of october they still have to pay. and on oct 31st when they leave you give them their security deposit ONLY if the apartment is left in good condition
