Landlord Question and Answer Forum

I have a month to month tenant that did not pay their August rent, do I have to give them a non renewal? If yes how much time passes before I give them an eviction notice? there is no security involved.

Thomas as you know being a landlord isn't always easy or everyone would be one. There isn't always a simple CORRECT answer to these types of questions. There are many factors that need to be taken into consideration in order to best assist you. Here are some basic questions you can answer that can help guide/answer your question in a correct and proper manner : *What method of payment have they used in the past? *When was the rent due? *How long have they been month to month? *Is this their first violation? *Are there any special considerations of any person(s) on the lease such as medical or Handicapped? What county is the rental in? *Do you have anything in writing such as an expired lease that verifies you have a month to month agreement. This could even be an expired yearly lease that has resulted in a roll over to month to month. I ask this as you will (may) need to prove that the payment was due on such date in the full amount of x dollars. If you have nothing then go back to question #1 and if method was a check you can show history of your deposits (assuming the check belongs to the tenant in question) that there was an actual agreement. If it was cash then harder to prove but possible. * Single or multi family dwelling? * Do you live on premise? Timing is everything in this situation and you will need to act fast in order to legally and safely have a non paying tenant removed from your property?

Posted by Bill L, NJ on Friday, August 21, 2015