Month to month renting VS year renting : ezLandlordForms

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Chantal B

started a topic almost 10 years ago

Is it an advantage for me to do a month-to-month renting as I am not sure of my new Tenant, as she does not have a low credit but I want to give her a chance to redo herself. I thought that may be if she does not pay that month, that she needs to leave at the end of that month? Am I right? thanks! Chantal

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Chantal B

said almost 10 years ago

Sorry, I wanted to say that she has a poor credit

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Linda N

said almost 10 years ago

It really depends on your states eviction laws. I know In Illinois I would need to give notice of intent to evict even on a month to month and still take the tenant to court all of which takes around 45 days in most cases and then the judge can give the tenant another 30 days to move along with the judgment in my favor for past due and rent through the time frame the judge gives to vacate. This process is the same for month to month and annual leases here so there is no difference if the tenant doesn't leave willingly.

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Chantal B

said almost 10 years ago

I am in Florida States Thank you!

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Pamela L

said almost 10 years ago

In my experience, it is most advantageous to the Owner to do a Month to Month Tenancy At Will Agreement. I think that, no matter where you live, the eviction process is usually geared toward protecting the rights of the tenants, rather than the owners. If your tenant is on a 12 month lease, the only way you can get them out is if they break specific agreements as outlined in the Lease, ie: late rent. Sometimes, you just want to get rid of a tenant for reasons not specifically outlined in your lease...or not illegal. For example, your tenant is rude to the other tenants...or the other tenants are afraid of or intimidated by this person. As long as they aren't breaking their lease, you're stuck with them until the end of the lease. On the other hand, if your tenant is on a month-to-month agreement, you can simply give them a 30 day notice. In Maine, you don't even need a reason. I've found that a 12 month lease locks the landlord into an agreement, but on the other hand, if a tenant wants to move, they usually will...lease or no lease. If a tenant IS on a 12 month lease, all I ask is that they give me a 30 day notice (to allow me time to find a new tenant so I have no loss of income) and I will allow them to break the lease and I will refund their security deposit. Not everyone agrees with me on this opinion and feel that they want the security of knowing the tenant will stay for at least a year. As for me...I'd rather have the freedom to rid myself of a problem tenant...at any time! Pam L Maine

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F H

said almost 10 years ago

I agree much on the ladder part, my question is if they are month to month and decide just to leave in the middle of the month they are paid for. Does the landlord owe them money or do they owe me for not given me the 30 days notice that states in the agreement. I have no problem returning the security deposit as long as they leave premisses in the same order they first came in.

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Linda N

said almost 10 years ago

Typically on a month to month like that if they don't give you the 30 days from the beginning of the month term you will not only have right to keep the money but if they give notice mid month or no notice at all they will still owe you for the remainder of the following month. I just had that issue last year and my attorney brought that to light and got it finalized in court. The security deposit was awarded by the court since the property was left in satisfactory condition. Keep in mind that they will have to voluntarily relinquish the deposit as it can't be used legally for that purpose without a court ruling.

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F H

said almost 10 years ago

THANK YOU SO MUCH FOR YOUR INPUT. THIS NOT ONLY PUTS ME AT EASE, BUT DIRECTS ME IN THE STEPS I NEED TO TAKE NEXT.

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Helen T

said over 9 years ago

In Florida on a month-to-month we are only required to give 15 days notice. My question is if the tenant is only staying for half of that month is he/she still obligated to pay full months rent especially when it is stipulated in lease that there is no prorating of last months rent? Thanks. HL

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Drew D. M

said over 9 years ago

It is my understanding in Florida month to month, if they pay your rent for a month they get to remain for the month, although you may give a 15 day notice to terminate tenancy; if they leave before the close of the month, you entitle to the rent as they have to vacate anytime during the 15 days. You luck is good if they leave within the close of the month. the 15 days notice must be exactly 15 or more prior to the next month rent due. if you accept the next month rent, they have the right to possess for that full period, you have to give another 15 day notice mid month or 15 days before the next month. Renter have to pay to stay, without a written lease that expresses a longer period other than month to month, you be needing to give non-rental or 30 day notice to vacate, providing tenant pays the rent is another issues -- 3 day notice for non payment. It can be tricky.

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Dianne J

said over 8 years ago

Ga has a rule you must give 60 day written notice for a month to month lease. D Johnson Ga