Giving notice to vacate : ezLandlordForms

D

Doris P

started a topic about 14 years ago

I have a tenant that has been living in my property for several years. The tenancy is month to month basis and I found out yesterday that he wishes to leave and intends to give me 30 day notice. He has paid for this month's rent in full, which entitles him to remain until the end of this month. Am I assuming that he has already given me notice verbally, rather than in writing? Or should I expcet a written notice to leave from him? It appears he has not made a final decision about moving and I want to get the home ready and cleaned up for the next tenant. It's as if he will go thirty days from the day he finds his new place. Do I have any obligation to let him remain in the home until he makes his decision? I would really want him out by the end of this month so I can make necessary repairs and not waste time in getting the home in shape for the next occupant. Advice please.

S

Stan M

said about 14 years ago

..…. and I would probably leave the rent the current price. --> --> This statement begs the question, “Then why did you send him a rent increase notice if this was not your intent?” One could conclude (since you did send him a rent increase notice) that its purpose was to Force him out with the threat of a rent increase. You asked for advice and that’s what was given here. Take it for what it’s worth. Being a LL has many challenges and LLs must be careful. My comments were for you to consider about this situation as well as future, and to check with an attorney making sure that you don’t give a tenant a reason to take you to court. Comments from other on this Forum are welcomed.

S

Stan M

said about 14 years ago

I also have the right to protect my investment and I have the right to receive a reasonable amount of notice so I can ready the home for rent or sale --> --> True statement. In most States tenants are required to give written notice to vacate. Since he did not give you a written notice, he would have continued to be responsible for rent due. Thus, my statement “Why Worry?” You’re still collecting rent and the time element is the same. In other words it doesn’t really matter when he gives notice ……this month or 3 months down the road. In fact, I believe it’s better to fill a vacancy between May and July before the school year starts….cont

S

Stan M

said about 14 years ago

Hi Doris, ………. why do you keep bringing up the idea that a court situation might evolve? --> --> Because, if you’re in the rental business long enough there is a good chance you will find yourself in court one day due to non payment of rent/damages or dispute over security deposit refund. All I was trying to do is give you a heads-up about sending the vacate/rent increase notices at the Same Time and suggested that you consult a lawyer to avoid the possibility of having this tenant (or future tenants) challenging your action in court….cont

D

Doris P

said about 14 years ago

Stan, although I appreciate your advice and slant on the situation, why do you keep bringing up the idea that a court situation might evolve? We did contact the tenant who gave us his verbal intention of leaving as he wants to move to another shcool district for his children sake. He is not just looking, as you stated. All of this was discussed before I sent the certified letter. He has been a good tenant and he wants to move on and we respect his right to do so. In the same vain, I also have the right to increase the rent because, being a good landord, I have kept the rent the same for three years! I wish he would stay but this is his choice, not mine. I also have the right to protect my investment and I have the right to receive a reasonable amount of notice so I can ready the home for rent or sale. Nothing would make us happier if he decided to stay and I would probably leave the rent the current price. You say, why worry? Yes, we are worried given current ecomonic conditions.

S

Stan M

said about 14 years ago

Addressing whether tenant had followed proper procedure….from your original statement, the tenant did nothing wrong. Tenant simply was looking at other property and hadn’t decided yet if he wanted to move. Place yourself in the tenant’s place. Would you want to give a 30 days notice if you were just looking? As long as tenant was paying rent on time, why worry. Consider it a “Heads-Up”, contact the tenant and discuss his intent. As long as he intended to give you a written 30 days notice and tenant was paying rent, does it really matter if he leaves this month or next? In closing, I would have probably served him with a rent increase notice and waited. Who knows, he might have accepted the increase and decided to stay. This in turn would have saved you $$$$ preparing the place for a new tenant.

S

Stan M

said about 14 years ago

Hi Doris, I wasn’t challenging the validity of serving the notice or the amount of the rent increase. The question is “If tenant challenged the 30 days notice in court because tenant decided not to move, how would the courts look at you serving Both the notice to vacate and rent increase at the Same Time.” I’m speaking from experience. You may want to check with an attorney for future reference....cont.

D

Doris P

said about 14 years ago

Actually, Stan, my thirty day notice is quite valid. As depicted on the original lease when he rented on a yearly basis, it states that he or I need to give thirty day notice. That former lease expired in 2008 and he was in a month to month tenancy from then on. I found out via a third party that he intended to rent another property. I had gotten a fax from the realty company asking to verify his residency with me. He never told me, the realty company did. He did not send any certified letter to me so I took the initiative to do so. By the way, I called the NC Real Estated commission to verify the proper time limit to give notice and they told me that because it was in the original lease, I had to give him the 30 day period to vacate. Also, the new rent I am charging is legal because I am showing the property to new tenants and that is what I will be charging from now on. The tenant is the one that did not follow proper procedure.

S

Stan M

said about 14 years ago

Hi Doris, I'm not sure that your 30 day notice is valid. You 1st delivered the notice and than you gave him a rent increase which may be interpreted by the courts that you changed your mind about the notice. S imply stated, "You can't have your cake and eat it to." The court may also look at the rent increase as a form of punishment. Keep in mind that the courts usually tend to favor the tenant.

D

Donald G

said about 14 years ago

You are lucky if they move out appropiately, sometimes in Massachusetts we take pictures so if they ruin your house you have proof. I have seen it happen moving things out , matter of fact there aren't to many things Ihaven't seen.

D

Doris P

said about 14 years ago

To all who commented to my question,thanks very much! Abrief update on the situation...husband and I sent a certified letter to him,telling him that we are giving him 30 days notice to vacate the premises. We also told him that as of April 1st, the rental fee would increase two hundred dollars a month and that every day he was still residing in the house, he would be charged a per diem fee until he left the premises. The rent I was charging him was under market and the increase in the new amount was not out of line for the area. My husband spoke to him just yesterday and he will be out hopefully by the 31st .

S

Stan M

said about 14 years ago

North Carolina law - a month-to-month tenancy - notice must be given at least seven days before the end of the month. Yes, you should receive a written notice. Tell tenant that his notice to terminate will begin the day he submits notice in writing. Otherwise, he will continue to be responsible for rent.

D

Donald G

said about 14 years ago

Arental period has to be 30 days and every thing should be in writing. is it a 30 day notices , thats why they are called 30 day notices usually starting at the begining of the month. If he tells you on the third it will go into the next rental month and he will owe you the rent. You need to have more of a talk with him.