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4/22/2019 5:32:20 PM
Posted: 1/22/2013 5:02:59 AM EDT
I have a 2 family house that I live in. My tenants, mid 30's fight all the time. I'm tired of hearing them at midnight swearing and slamming doors. I've talked to them about this in the past and other annoyances. Anyway, their lease is up in April and I'm simply going to give them notice that the lease is not being renewed. They pay the rent so I'll let it ride until it expires, but there are too many annoyances with these people. The lease does not specify how much time so I'm thinking 60 days notice should suffice or am I setting myself up for more problems giving them that much time?
Link Posted: 1/22/2013 5:05:04 AM EDT
what does the lease say for notice ? state law ? give a little extra by a couple of days and get rid of them.
Link Posted: 1/22/2013 5:06:34 AM EDT
The lease doesn't specify notice anywhere that I can see.
Link Posted: 1/22/2013 5:07:26 AM EDT
What does you state law say? I think it's 28 days here.

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Link Posted: 1/22/2013 5:08:36 AM EDT
Minimum 30 days is what I normally do.
Link Posted: 1/22/2013 5:09:55 AM EDT
Read your state law--it probably addresses that. If it somehow does not, I'd go with the aforementioned 30 days written.
Link Posted: 1/22/2013 5:11:27 AM EDT
Varies by state, but a general rule of thumb to require someone to vacate (if they don't have a lease or if their lease has expired) is equivalent to the period in which rent is paid.

If they pay rent monthly, then give a months notice.

In your case, you might as well tell them right now (informally, but still in writing ) that you won't be renewing them and then give them legal notice to vacate 30 days out or as required in your state. (At that time, point out to them that it's a formality to cover your bases)
Link Posted: 1/22/2013 5:14:28 AM EDT
Make damn sure you put a time period in the lease. You need that to protect yourself. We have a 60 day notice with our renter.
Link Posted: 1/22/2013 5:19:39 AM EDT
[Last Edit: 1/22/2013 5:25:11 AM EDT by KalashniChance]
Yep, check your state law...N.C. is 30 days notice, after that the sheriffs office will put them out.
Keep in mind, You can put any time period you want in your lease, and even if they agree to sign it,
if it's less than the state required time limit, the document is garbage. Plus the 30 days here doesn't
start until after the eviction papers have been filed, I have found it easier to avoid the legal system
and just increase their rent, they will move on their own. Every time I have did it the legal way, the
renters have ripped me out of the last months rent and destroyed my property. If you choose this
method, make sure to put in your lease that the rent is subject to increase. If they sign it you got em'
Link Posted: 1/22/2013 5:22:33 AM EDT
[Last Edit: 1/22/2013 5:22:53 AM EDT by lostnswv]
I don't envy you. I am on the way to tell a tenant who is half way out of his apartment to get his shit out. I have a replacement lined up but I need to get in clean, paint, and shampoo the carpet.
Link Posted: 1/22/2013 5:23:16 AM EDT
Here in MO required by law is 30days.
Link Posted: 1/22/2013 5:25:57 AM EDT
Originally Posted By NoStockBikes:
Make damn sure you put a time period in the lease. You need that to protect yourself. We have a 60 day notice with our renter.


The lease is a 1 year and has an end date, "unless renewed". They tend to not listen to me very much, and I really don't bother them a lot. They are just such a pain in the ass. I don't like to be woke at midnight by fighting and slamming doors. Lots of other issues I won't go into but I think 30 days is probably law but I was thinking to give them more time to find another place or am I just shooting myself in the foot?
Link Posted: 1/22/2013 5:29:22 AM EDT
Car keyed, dog poisoned, stuff stolen.... those are what I see happening. I'm going out on a limb to guess these people aren't exactly upstanding citizens?
Link Posted: 1/22/2013 5:29:49 AM EDT
Go for the minimum such as 30 days. The further out you tell them the more likely you wont get rent.
Link Posted: 1/22/2013 5:31:06 AM EDT
21 days to fix the problem or 30 days to vacate.

Kharn

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Link Posted: 1/22/2013 5:34:07 AM EDT
[Last Edit: 1/22/2013 5:34:50 AM EDT by Andrapos]
Call an attorney.


You can give them notice now and also offer a cash incentive if they are out by a certain date. It's cheaper, faster, and easier than non-renewal and/or evicting if they decide to squat.


ETA - I have gone through this a few times with tenants.


Link Posted: 1/22/2013 5:36:49 AM EDT
[Last Edit: 1/22/2013 5:39:03 AM EDT by NoStockBikes]

Originally Posted By clinteastwood:
Originally Posted By NoStockBikes:
Make damn sure you put a time period in the lease. You need that to protect yourself. We have a 60 day notice with our renter.


The lease is a 1 year and has an end date, "unless renewed". They tend to not listen to me very much, and I really don't bother them a lot. They are just such a pain in the ass. I don't like to be woke at midnight by fighting and slamming doors. Lots of other issues I won't go into but I think 30 days is probably law but I was thinking to give them more time to find another place or am I just shooting myself in the foot?
I'd focus more on the time you need to find another renter than the time they need to find another place, but that's just me. They could find a place in a day, they just wouldn't get to be very picky. I've got a mortgage payment to make on the house we're renting out, so it's big money out of pocket if it sits vacant for any time at all. In our case, the 60 days is to make sure we can find a renter to keep it flowing. 30 days could get hectic.

Link Posted: 1/22/2013 5:40:35 AM EDT
For IA 30 day notice. Send the notice certified USPS, that way someone has to sign that they received it. Kinda hard to say you didn't get it, when you have proof stating otherwise. Find out what your state law is for notice, and adhere to it. They aren't your friends, they are renters.
Link Posted: 1/22/2013 6:14:54 AM EDT
I have my tenants on a 60 day notice for renewal on a 2 year lease. 30 days is probably your best bet and still within the law.
Link Posted: 1/22/2013 7:32:02 AM EDT
[Last Edit: 1/22/2013 7:32:40 AM EDT by neilfj]
Better check your State Law. Although 30 days is common, in some states there are conditions. I don't know about CT, but when I was a landlord in MA, it was a minimum of 30 days, but notice had to be given prior to the end of the previous month and provide at least 30 days. For example, you would have to give them notice on Jan 29 to vacate NLT Feb 28. Notice would have to be given on Apr 30 to vacate by May 31. I don't know if CT has stupid requirements like this or not. Also, it doesn't hurt to have proof of delivery of the notice, or a witness if you serve the notice yourself.
Link Posted: 1/22/2013 7:40:52 AM EDT
How much longer do they have on the lease? Can you wait it out, and give them notice near the end of their lease period that you are not renewing?


Check your state laws, or a hire a lawyer.
Link Posted: 1/22/2013 7:46:36 AM EDT
Originally Posted By clinteastwood:
Originally Posted By NoStockBikes:
Make damn sure you put a time period in the lease. You need that to protect yourself. We have a 60 day notice with our renter.


The lease is a 1 year and has an end date, "unless renewed". They tend to not listen to me very much, and I really don't bother them a lot. They are just such a pain in the ass. I don't like to be woke at midnight by fighting and slamming doors. Lots of other issues I won't go into but I think 30 days is probably law but I was thinking to give them more time to find another place or am I just shooting myself in the foot?


Your lease should require a resident to give you a written notice to vacate if they are not going to renew the lease. Should specify what length of notice is required. Typically state laws are 30-days but if you demand your tenant give you a 60-day notice to vacate, you need to also give them a 60-day notice of non-renewal.

No, giving your tenant more notice doesn't shoot you in the foot They are still bound by the lease until they vacate and subsequently are still subject to eviction for violations of the lease.
Link Posted: 1/22/2013 7:49:39 AM EDT
60 days sounds quite reasonable to me
Link Posted: 1/22/2013 7:54:13 AM EDT
Give them the state required time and let them know the rent will double on the lease anniversary.
Link Posted: 1/22/2013 7:58:42 AM EDT
60 days notice is very adequate and actually pretty generous.

The bitch comes when they decide they aren't going anywhere and you end up having to evict them and eat the several months of rent that they didn't pay before you can finally get them out.

Different states have different eviction laws...but none of them seem to move very fast.
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