Landlord Question and Answer Forum

I have a tenant that has a month-to-month lease that I am going to present with a notice to vacate in 30 days. He is also late with is rent. Should I pursue the holdover eviction process or the nonpayment eviction process? Can I do both? I want him gone as soon as possible, but I would also like the last month's rent (and the partial payment he owes for May). How do I get both?

We always give our tenants a late notice first, then if they do not pay proceed with eviction. We always try and collect funds owed before going the evition route.

Posted by karen s, WI on Tuesday, June 5, 2012

I would call to find out why rent hasn’t been paid. Collect either cash or bank check to make sure it won’t bounce. You should be able to serve a Notice to Pay or Move. If you want him out, also serve a 30 day Notice at the same time. This way if he pays the rent, he will still be required to move. ----- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. Also, since State/Local laws vary, you should check with a Real Estate Attorney. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Wednesday, June 6, 2012

Bob - I always read your messages and ones just like it because the way I look at it, we are all here to assist each other in reaching a common goal (prosperous landlord/tenant relationships). It does not always work that way but forums like this help everybody involved to better understand why and what to do when it does go wrong.

Posted by Vinson & Caralyn T, OH on Wednesday, June 6, 2012

Thank you Vinson & Caralyn for the feedback. Greatly appreciated. I try not to sugar coat things. This is a business and needs to be treated as such. The question every LL should ask themself is "How many months can I go without collecting rent before I'm in serious trouble?" -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Wednesday, June 6, 2012