when to tell month-to-month renter she's out?
We are about to sign a contract on a house with a rental that is occupied by a month-to-month renter. We are planning to take over part of the rental for my mother-in-law and rent the rest to my sister. We will close in late March and will need the rental unit vacant by May…
We are about to sign a contract on a house with a rental that is occupied by a month-to-month renter. We are planning to take over part of the rental for my mother-in-law and rent the rest to my sister. We will close in late March and will need the rental unit vacant by May 1. When should we tell the current renter that she has to leave? And how – is there any legality in this situation that I should know about as far as it being in writing, or does her lack of lease mean all bets are off?
Thanks.
If current owner won’t deliver vacant, I stongly suggest you ignore most of the eviction “advice” here and do this by the book. Not only will it protect you legally, but it’s the right thing to do.
Real Property Law 232
When two parties enter into a landlord-tenant relationship without a written lease, this arrangement is known as a “month-to-month tenancy.” In this type of tenancy, the tenant continues to maintain possession of the property for successive monthly periods, beginning on a specific calendar day. If either the landlord or the tenant gives one calendar months notice of termination of the arrangement on the day beginning the arrangement, the arrangement will terminate at the beginning of the next monthly period. If, however, notice of termination is given to the tenant less than one calendar month before the beginning of the next “month to month” period, the tenant may remain in the apartment for an additional month. For example, if a landlord terminates a month to month tenancy on May 15, the tenant may remain on the premises until July 1.
Ya. And being poor is having enough money to have a computer and an internet connection to read sentimental crap like the list above?
FWIW, I had a month to month tenant who was anything but poor. Worked on Wall St.
So don’t make assumptions.
I have found that the application of money – whether to an attorney or directly to the tenant – is usually the answer. I have found that offering to pay a down payment for a new apartment or some agreement like “you don’t have to pay rent until May 1, but you SERIOUSLY have to be gone then because the locks will change that day” really help and can keep everyone liking each other.
If seller won’t guarantee vacant at closing in your contract and you still want the house… they should at least be willing to ‘give notice’ before closing.
I’m sure tenant probably knows chances are good that will have to leave. Hope tenant is not elderly (judge will give extra time in some cases for a month-to-month to find new apt).
I would try to keep good will so tenant doesn’t get angry and fight… so letting person know why you want space (for family member) and some financial incentive could help.
All depends on personality/situation of the tenant.
You privileged jerks really drive me crazy. Maybe you need a lesson in what it means to be poor.
Being poor is knowing exactly how much everything costs.
Being poor is getting angry at your kids for asking for all the crap they see on TV.
Being poor is having to keep buying $800 cars because they’re what you can afford, and then having the cars break down on you, because there’s not an $800 car in America that’s worth a damn.
Being poor is hoping the toothache goes away.
Being poor is knowing your kid goes to friends’ houses but never has friends over to yours.
Being poor is going to the restroom before you get in the school lunch line so your friends will be ahead of you and won’t hear you say “I get free lunch” when you get to the cashier.
Being poor is living next to the freeway.
Being poor is coming back to the car with your children in the back seat, clutching that box of Raisin Bran you just bought and trying to think of a way to make the kids understand that the box has to last.
Being poor is wondering if your well-off sibling is lying when he says he doesn’t mind when you ask for help.
Being poor is off-brand toys.
Being poor is a heater in only one room of the house.
Being poor is knowing you can’t leave $5 on the coffee table when your friends are around.
Being poor is hoping your kids don’t have a growth spurt.
Being poor is stealing meat from the store, frying it up before your mom gets home and then telling her she doesn’t have make dinner tonight because you’re not hungry anyway.
Being poor is Goodwill underwear.
Being poor is not enough space for everyone who lives with you.
Being poor is feeling the glued soles tear off your supermarket shoes when you run around the playground.
Being poor is your kid’s school being the one with the 15-year-old textbooks and no air conditioning.
Being poor is thinking $8 an hour is a really good deal.
Being poor is relying on people who don’t give a damn about you.
Being poor is an overnight shift under florescent lights.
Being poor is finding the letter your mom wrote to your dad, begging him for the child support.
Being poor is a bathtub you have to empty into the toilet.
Being poor is stopping the car to take a lamp from a stranger’s trash.
Being poor is making lunch for your kid when a cockroach skitters over the bread, and you looking over to see if your kid saw.
Being poor is believing a GED actually makes a goddamned difference.
Being poor is people angry at you just for walking around in the mall.
Being poor is not taking the job because you can’t find someone you trust to watch your kids.
Being poor is the police busting into the apartment right next to yours.
Being poor is not talking to that girl because she’ll probably just laugh at your clothes.
Being poor is hoping you’ll be invited for dinner.
Being poor is a sidewalk with lots of brown glass on it.
Being poor is people thinking they know something about you by the way you talk.
Being poor is needing that 35-cent raise.
Being poor is your kid’s teacher assuming you don’t have any books in your home.
Being poor is six dollars short on the utility bill and no way to close the gap.
Being poor is crying when you drop the mac and cheese on the floor.
Being poor is knowing you work as hard as anyone, anywhere.
Being poor is people surprised to discover you’re not actually stupid.
Being poor is people surprised to discover you’re not actually lazy.
Being poor is a six-hour wait in an emergency room with a sick child asleep on your lap.
Being poor is never buying anything someone else hasn’t bought first.
Being poor is picking the 10 cent ramen instead of the 12 cent ramen because that’s two extra packages for every dollar.
Being poor is having to live with choices you didn’t know you made when you were 14 years old.
Being poor is getting tired of people wanting you to be grateful.
Being poor is knowing you’re being judged.
Being poor is a box of crayons and a $1 coloring book from a community center Santa.
Being poor is checking the coin return slot of every soda machine you go by.
Being poor is deciding that it’s all right to base a relationship on shelter.
Being poor is knowing you really shouldn’t spend that buck on a Lotto ticket.
Being poor is hoping the register lady will spot you the dime.
Being poor is feeling helpless when your child makes the same mistakes you did, and won’t listen to you beg them against doing so.
Being poor is a cough that doesn’t go away.
Being poor is making sure you don’t spill on the couch, just in case you have to give it back before the lease is up.
Being poor is a $200 paycheck advance from a company that takes $250 when the paycheck comes in.
Being poor is four years of night classes for an Associates of Art degree.
Being poor is a lumpy futon bed.
Being poor is knowing where the shelter is.
Being poor is people who have never been poor wondering why you choose to be so.
Being poor is knowing how hard it is to stop being poor.
Being poor is seeing how few options you have.
Being poor is running in place.
Being poor is people wondering why you didn’t leave.
I hope this puts things in perspective for you.
You must get it delivered vacant as a conditoion to closing…ignore all this eviction advice…
I’d talk to the tenant first if you can’t get the building vacant (best of all) but I am sympathetic to the opinion of the last poster. The talk is not to negotiate anything but to tell them what you will be doing. Vibes are important – meeting them will give you a sense of their situation and character; if you can get them to move without going to court, you are way ahead of the game. This is the eviction process:
You send a letter asking them to vacate with 30 days notice. Then if they don’t move, you don’t accept rent and get a court date for an eviction proceeding. Then you wait for that. Then the judge could give them up to 6 months to move. The person might be angry and play games with rent. The court would make them pay, but you could be in and out of court until they are out and then recovering any lost rent would have to be done through small claims court. A judgement could be made against the person and then it would be your problem to recover the money (i.e. you must have their work place info for wage garnishment, asset info, social security number, etc. etc.). How much easier if you could meet them first to assess whether you can come to some kind of plan together. You will know that right away when you meet the person by your own vibes. My friend, a veteran landlord, always told tenants that he would move them, i.e pay moving expenses. He said that he could give the money to a lawyer to evict them or he could give it to them to help them move. He spent his time in court and is a great fighter when he has to be but is a very nice human being too and he is my role model. I put in my time in tenant landlord court but it is a last resort in my opinion.
Good luck.
Include wording in the contract that the place is to be delivered vacant. End of story. Leave this hassle for the seller.
And 2 months is plenty of time to find a rental. I have always found reasonably priced rentals in about 2 weeks at most…
Do not – DO NOT – “give the tenant sufficient notice”. You will regret it. Start the eviction process the day you close, otherwise you will be out of luck. Advice above to the contrary is from people living in a dream land.
but 2 months guys…is that time enough to find some place else??? Sheesh…I know its “dog eat dog” world but is that FAIR to the tenant?? Have some hearts!