What happens if a landlord gives a month to month tenant a 30 day vacate notice, but the tenant refuses to leave?
In the presence of a properly executed lease on file, I would think the landlord would take the very next step as spelled out in the “Failure to Perform” section of the lease.For most, that will be step 1 in a formal eviction procedure - which will vary from state to state.Without a lease on file, or in a situation where the venue does not permit M2M lease terms, or in some rent control jurisdictions, this may not be something the landlord can accomplish easily.
How can I get my name off of a month-to-month co-tenant lease? Three out of four tenants have vacated the property and given notice to the landlord, but the landlord refuses to take our name off of the lease. This is a rent controlled area.
Give him 30 days registered letter and say see ya. After you do that it ceases to be a lease so whether or not he wants to he cant have a lease full of people who have gone with notice and turned in the key remember to give keys back ….if its rent controlled which i am not familar ' i can't see it being hard at all to get another person in… not your problem though, notice , keys gone.
Landlords: How do I get a tenant to peacefully vacate the property at the end of their lease?
2) is a bad idea. If you don't like them, they don't like you, then don't renew the lease. Don't tread lightly. If he has figured out that he can do what he has been doing in the past, and you'll still renew the lease, then he'll do it in the future.1) you don't renew the lease. If they stay, then you just go through the proper process for eviction. Make sure the insurance is paid. In the extremely unlikely event that force has to be used, then it's the sheriff that does on the work. In practice, I've never found it necessary since once the sheriff posts a message saying that they will be there on day X, people always move out on day X-1.Finally, if you have a contentious relationships with the tenant, avoid any contact whenever possible. Do everything you can to abide by the lease, but do not contact the tenant at all. It's better for both of you. In fact, in cases where I've found myself not getting along with a tenant, I've stopped talking to them had had someone else who they haven't had bad relations with, do all of the talking.
In New York City, is a 30-day notice to vacate provided by a tenant to a landlord via email legally sufficient?
There is no such thing as a notice to vacate from a tenant to a landlord, so I'm not sure what you're asking here. Such a notice would come from a landlord demanding that a tenant vacate a leased premises.In any event, email is generally recognized by NYC courts as a legally valid form of agreement and/or notice, a written signature is not necessary.
If the tenant gave a 30-day notice on Oct. 1st to vacate by Oct. 31st but vacated on Oct. 25th, does the landlord have to pay 5 days rent back?
No.If a 30-day notice was required, then the tenant owes 30 days of rent from the date notice was given. Although the tenant may not have lived there during those final days, the tenant is still obligated to pay those 30 days of rent.Otherwise, what would be the purpose of a 30-day notice? In this scenario, if the tenant gave notice on October 1 and vacated on October 2, you wouldn’t expect the landlord to refund 29 days of rent.Beyond that, a 30-day notice period protects both the landlord and the tenant. Otherwise, you’d have to argue that if the landlord gave the 30 day notice on October 1, the landlord could kick the tenant out 5 days early . . . or 29 days early. The landlord has to abide by the 30-day notice, as does the tenant.For more information, check with an attorney.
Would it be possible for the landlord to charge trespassing if a tenant refuses to move out after a vacate was issued?
There are actually specific laws and legal procedures for this in the US. The person is called a holdover and the landlord has to go to court to have the person removed. If the person refuses to leave once everything is completed, then he might well be taken away to jail for trespassing. Hold-over Tenants: A Landlord's Legal Remedies
As a tenant in CA. If you sign a one year lease and move in, can the landlord give everyone a 30 day notice to vacate immediately?
You’re in California.This is what’s known as an OMI (Owner Move In).The answer really depends on your local statutes. Some cities have rent controls, and in those cities, there are usually statutory allowances for an OMI, or in some cases, also the move in of an immediate relative of the owner.An OMI is typically an exception to the local rent control ordinance for that’s called a “just cause eviction” requirement that’s normally part of rent control statutes.Typically for an OMI, there’s a good faith requirement that the owner intends to occupy the property for an extended time, rather than re-renting the property within that time period. This is usually no less than a year — but check your local statutes.There’s also usually a requirement that it be the owner’s primary residence during that time.The notice requirement is (by California statute, local statutes may place additional requirements) 60 days for tenants who have been there a year or more, and 30 days if they’ve been there less than a year.So the 30 day notice is fine, at least for tenants who have not been there a year or more.There are also potentially statutory relocation costs, if the unit has been occupied for a certain period of time (the situation described is a relatively immediate event, you likely do not merit relocation costs). Check your local statutes to be sure.The tenant usually gets “first right of reoccupation”, say for example, the owner moves in, then moves out a month later — you could reoccupy the property before anyone else is allowed to do so. This type of statute varies by city.Note that an OMI requires the same notice as any other Notice to Quit (as noted above: 30 or 60 days), and even then this is not an eviction.If the owner wants you gone, then they will start an eviction proceeding, which, in California, is a court order to Quit issued by a California Superior Court.I would personally recommend not allowing things to go as far as an actual eviction, and you should get in front of this with a lawyer, if it’s going to come to that. An actual eviction may prevent you from renting a new place, during the background check.If you have any further questions, you should probably contact your local landlord/tenant association or a landlord/tenant lawyer (or real estate lawyer) in the jurisdiction where the unit is located.The circumstances around an OMI are generally very complicated, and you will likely need legal advice, should you want to fight it.
What is the minimum period notice a landlord give to the tenants to vacate the house if contract is still there for 9 months?
Unless otherwise stated in your contract or there are extenuating circumstances covered by other law (such as a law that permits the landlord to evict tenants in the event of purchase or sale of the property), there is no legal way to evict someone if they have a current lease that has not been breached.You should absolutely consult with a licensed attorney in your jurisdiction for assistance with such a matter.