Landlord Question and Answer Forum

My tenant's lease expires Nov 2, 2019. She has been a horrible tenant. Late rent payments EVERY month. Had to post 3 day notices almost every month. I want her out NOW. Today is Sept 10,2019. Can I send her a 60 day move out letter now which will end Nov 10 which is after her lease expires or do I have to wait until Nov 2nd to give her a 60 day move out letter.

It depends on what your lease and the landlord/tenant laws say in your state. It's so close to when her lease ends, anyway, that I just wouldn't renew the lease with her. I'd send her a 30-day notice in October of your intention to not renew her lease and your expectations about paying the remaining rent and how you want the property returned to you (cleaning, repairing damages, etc.). That way, hopefully she just moves when the lease ends. If she doesn't move out, and you did give the proper amount of notice, then you'll have to follow your states laws about eviction. It is my opinion that you could give her a 60-day notice of your intention to not renew the lease instead of 30 days, but that is 2 months' time for her to potentially not pay rent or damage your property. At least with only 30 days' notice, she doesn't have as much time to damage your property or live there without paying. Good luck.

Posted by Jacqueline O, TX on Thursday, September 12, 2019