General Eviction Question - Posted by Al Pine

Posted by johnman on December 17, 1998 at 20:41:32:


You’re too nice of a guy to let your tenant go not paying rent for three months. Just too nice!!!


General Eviction Question - Posted by Al Pine

Posted by Al Pine on December 17, 1998 at 14:31:51:

Just wondering if I give a 30 day notice to a tenant do I have to give a reason? Does that “REASON” have any weight in court? Could/would this be used against me in court? For example I let it be known that a relative has to move in…and they have to move out?. I know it’s a legal question however this is for “information only.” No response to this question will be held responsible! I’d appreciate any insight to this email me or post. Thank You in advance.


Re: General Eviction Question - Posted by Irwin

Posted by Irwin on December 18, 1998 at 18:32:13:

Generally speaking, in a month to month lease situation, you can terminate by giving 30 days notice. You don’t have to give any reason. This is not considered an eviction, the lease is up and the tenant has to move. If you have a written lease that ends on a specific date, you don’t have to give any notice at all. Just show up at 12:01 a.m. on the day after the last day of the lease and the tenant should be gone.
Landlord/tenant laws vary widely from city to city (notice I didn’t say “state to state”), so check local ordinances as well as state statutes.

Re: General Eviction Question - Posted by Eric (NH)

Posted by Eric (NH) on December 17, 1998 at 22:24:50:


Please check the laws of your state before undertaking what you believe are common sense actions. The information is likely readily available. In fact, here in NH, explanations of basic landlord/tenant laws are available online. If your state laws are not online, you can probably get an answer from any of the following: local sheriff, clerk of courts, local housing authority, etc.


Re: General Eviction Question - Posted by Cesar

Posted by Cesar on December 17, 1998 at 15:27:03:

Basically, I would guess that it would depend what is stated on the lease agreement, if any. You always want to make sure that the lease agreements have some sort of escape clause, just like your contracts. That way, if you have to evict for whatever reason, you have your agreement there with you.

If you do not have any agreement, and it is a month-to-month basis, then you can evict at any time and for whatever reason. At least that is what the Landlord-Tenant Affairs office here in Florida told me.

As one last point, you always have to check with the state that you are in, because I know that Maryland (where I was originally from) it’s a Tenant state, where they have more rights than the Landlord, but Florida seems to be a Landlord state, where tenants are guilty until proven innocent.

That would give you about .04 cents so far…

Re: General Eviction Question - Posted by Jennifer(NH)

Posted by Jennifer(NH) on December 17, 1998 at 15:14:34:

In theory, if you have a tenant at will agreement, then you don’t need a reason. Personally, I like to give reasons, like rehabbing the apartment etc that way if the tenant became a problem and we had to goto court I would have a stronger position of why I was giving notice.

Just my .02cents


Re: General Eviction Question - Posted by Doug

Posted by Doug on December 17, 1998 at 15:25:23:

It depends on your rental agreement … Is it month to month or annual… If it is a month to month you dont need a reason but like Jennifer said it is always better for you to have a reason… Moving a family member in is as good a reason as any so you are ok… The only thing is if the tenant has an annual lease than chanes are you will have a problem getting them out unless they breached a condition of the lease…
I am now evicting a tenant that has not paid rent in 3 months… I got the petition filed today and wanna laugh the court date is xmas eve ( dec 24th) some xmas gift for my tenant huh… Baaa Humbug… She deserves it though… She bought a new linclon town car in october and hasnt paid me since she got it… I went there last week to see if she had something and she said no I spent it on decorations for the exterior of the house for xmas… I made her take down all the decorations as it was not permitted in the lease to alter the exterior without the written consent of the landlord… She has money for her own luxuries but not for my rent… In the street she goes… and a merry xmas to her…
Doug Timko