Landlord Question and Answer Forum

I hope someone can help me out with the following issue I am having. I recently purchased a rental property. The house was in my name as of Feb 04. There is a tenant living in the home month to month. I spoke to him and he was not happy about me raising the rent, so he asked for his 30 day notice. When I presented him with a pro-rated rent payment for February, he replied with "We are moving and according to our Realtor we get a 30 days notice to be out, I am sorry, but we don't have any lease or anything with you we just need our 30 day notice and we will be gone" I did not receive his last moth rent from the previous landlord as the house was in short sale and there was no last month rent. Now the question is, can he live the last 30 days for free? What can I do legally to get him to pay or get out ASAP. Your help is appreciated in advanced.

In order to get him out, you would need to evict him. So you have to weigh the cost options and frustrations. Proceed with eviction, give him late notices, etc. Eviction is the only way to remove a tenant, regardless of having or not having a lease. Do you have a copy of the lease?

Posted by karen s, WI on Monday, February 11, 2013

Thanks for the reply. Yes I do have the lease which is month to month, and I am starting the process of eviction. However, during the process of eviction will I be reimbursed the 30 days rent by law (I know that does not mean I will get the money)?

Posted by Peter R, IN on Monday, February 11, 2013

There is no guarantee that you will be reimbursed, but you certainly can sue for unpaid rent, cleaning and damages. The question you have to ask yourself is “Is suing worth my time and effort vs the chance of collecting?” -----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. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013

Posted by Bob R, CA on Tuesday, February 12, 2013

If the guys says that you are required to give him a 30 day notice, then give it to him. But, at the same time start the process to evict. Evictions can take several weeks to complete. If sounds as though he perhaps knows how the system works. He may stay the 30 days, then stay until police evicts. Do both.

Posted by Jeff & LInda C, CA on Thursday, April 11, 2013