Landlord Question and Answer Forum

My tenants moved in last April on a month to month lease. They have never paid their rent on time. I adjusted the due dates for them thinking it might help, but they continue to always pay late. I believe these adjustments have resulted in them getting a month free. They have violated our lease by being late more than three times, as well as forcing me to come to the residence and get it. I would like them out ASAP. I agreed to come get their September rent on the 24th. That is when they said they would have it. I would like to serve them with a vacate notice at this time. I am not certain which form to use. Help? Erin Taylor

You have to check with tenant laws in Calif, in Mass its one full month, it all depends on what kind of notice you give, Do they owe you back rent, ? Being late is a violation on most leases and month to month, which is areason, but some judges coukd give them a chance if they fight the eviction. In Mass we have eviction without cause, which we do not need a reason but you have to give the tenant 30day notice

Posted by Donald G, MA on Sunday, September 13, 2009

Try accessing a late fee, and stick to it. Let them know you mean business first before giving a 30-day notice to leave. I have the same problem going on in CA, and just put my tenants on a bi-monthly plan. Good luck.

Posted by , OR on Tuesday, September 15, 2009