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30 Days notice

I have a tenant who has a one year lease with me until November 30, 2012.  However she did not pay the rental fee for 3 months due to her car accident.  CAN i give 30 days notice to leave from my house?

You would need to send her a pay rent or vacate notice. If she does not pay, then you would proceed with eviction.
Have you talked with her? Maybe she can get some help via relatives, church, etc. There are organizations that help individuals in her situation. If all else fails, send her a 3-Day Notice to Pay or Quit. 30 Day Notice will not work since she’s on a lease. ---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.
In order to get him out, you would need to evict him. So you have to weigh the cost options and frustrations. Proceed with eviction, give him late notices, etc. Eviction is the only way to remove a tenant, regardless of having or not having a lease. Do you have a copy of the lease?
Thanks for the reply.  Yes I do have the lease which is month to month, and I am starting the process of eviction.  However, during the process of eviction will I be reimbursed the 30 days rent by law (I know that does not mean I will get the money)?
There is no guarantee that you will be reimbursed, but you certainly can sue for unpaid rent, cleaning and damages. The question you have to ask yourself is “Is suing worth my time and effort vs the chance of collecting?” -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013
If the guys says that you are required to give him a 30 day notice, then give it to him.  But, at the same time start the process to evict.  Evictions can take several weeks to complete.  If sounds as though he perhaps knows how the system works.  He may stay the 30 days, then stay until police evicts.  Do both.
I think it might be 14 days or so but replying sooner will only give you more time to prepare for advertising your property and getting more tenants in ASAP.
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