Q: Triplex is in probate my dad died. He had month to month renters. 1 is not paying fully how to evict?
My dad died 6/25/17. He had a triplex with month to month renters living there. 1 of the renters keeps telling us that he only charged him $350 a month, my dad told me he also charged for his part of the electric which comes to about $100 if he couldn't pay my dad would let him work around the triplex. The guy hasn't done either. Can he be evicted and if so how? He is also considered disabled and tried telling us we couldn't evict him. So what can we do? My sister is also staying at the property to mange it.
A:
Month to Month tenancies can be terminated by giving written notice of termination of the tenancy to the tenant by mail or personal service (including posting on the residence front door). The notice must be provided at least 15 days prior to the next date the rent is due.
If the tenant is delinquent in even the rent the renter agrees is due, then a 3 day notice to pay the rent or be evicted is required.
In either event, if the tenant does not move the tenant can be sued for eviction in county court. You can do this yourself or you can hire an attorney. Hiring an attorney should cost you about $750 plus costs.
A:
I agree with attorney Zaretsky's advice and analysis of the steps to take. Nothing to add except that I suggest you are better off to hire a landlord attorney from the area where the property is located to have the steps done correctly the first time. If you make a mistake the tenant will get to stay longer while you start over to get it done correctly. Also his status as disabled does not protect him from being evicted.
Good luck,
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