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Month-to-Month Vacate Notice to Tenant

To Whom It May Concern:  I have a home and have been renting my room to a tenant. We are on a month-to-month lease agreement and I gave her a written 30-day notice to vacate as of 9/26/2020. She's becoming very disrespectful, aggressive, loud, arguments, slamming doors and I don't feel comfortable or safe with her being in my home any longer. After I hand delivered the 30-day notice to vacate, she has stopped talking to me and she is very upset, walking around talking on the phone loudly so I can hear, telling people that I don't have a right to evict her during this Pandemic and that I was just going to have to wait till she finds a place to move out to. I'm not evicting her, but giving her a 30-day notice as per our lease agreement. She has not paid October's 1st rent either up to today's date. I would like to know my rights in case she tries to stay. Is it true that she is considered a Lodger? Technically she's not a tenant because she's in my home renting a room. I need advise as far as when the 30 days are completed, and if she doesn't vacate, can I call the Sheriffs to have her removed? I think she's just not going to pay me October's rent and I guess I will not return her deposit. But, I know the room she's renting is very dirty and needs to be cleaned and repaired. Please advise on this matter as soon as possible. Thank you, Yvette

She is a tenant you will have to evict her if she does not leave.  In the mean time give her a pay or quit notice for the late rent.  If she does not pay in the time allowed 5/7 days move ahead with filing a unlawful detainer and move forward with evicting her for not paying.   For some reason people seem to think they don't have to pay once they get the 30 day notice.  Don't hesitate to file that way it will show up when the next person runs a background check and they won't get stuck with her.
Thank you very much for responding and for all of the information. I appreciate it. I will do as you say. Do you have any recommendation as far as this tenant turning in my house keys and a clicker to open the gate? I'm not to concerned about the keys, since I will change the locks once she's gone, but my clicker opens the front gate. What if she doesn't turn it in? She will always have access to enter through my gated community. I'm just concerned for my safety. Please advise.  Sincerely, Yvette
You should be able to clear all the remotes off of the gate opener.  Then you reprogram the ones you still have back in. If it's like a garage opener you usually hold in the program button for like 30 second.  or  if you can see the openers brand and model number look up the instructions online.
Okay, Thank you for the response and suggestion. I'm still dealing with this tenant not wanting to leave. She's suppose to be out by today November 2nd, if she doesn't leave I will start the eviction process.  Thank you, Yvette
She is definitely a tenant, and now a hold over tenant. A 30 day notice for a non renewal on a month to month lease is sufficient. File the papers for eviction for hold over tenant. Try to steer clear of the failure to pay rent. Stick with the non renewal. Some states will allow you to deduct the rent from a security deposit, make sure your state is one of them. Follow your state guidelines for damages, often time a letter sent listing them and allowing time for tenant to dispute. It will probably take a bit of time to get her out and cost you as well. Nevertheless, always good to get rid of a problem tenant. Good luck
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