Q: I had a tenant move in without a lease being signed by both she and me, how much notice to vacate do I have to give?
We allowed a tenant move in Feb 15, pay prorated Feb & security deposit, without lease fully executed. Rent due first day each month. On March 4, she gives us back the lease (just her signature, we haven't signed it) and tells me she only has $180 of the $675 rent due. Additionally, her belongings (LOTS OF THEM) are stored outside (expressly forbidden in the proposed lease) and her dog has caused damage inside the cabin. Hence, my husband and I decided not to enter into a six month lease with her given she had breached it before we really got started. In now trying to get her out, we've offered (on March 10) to forgive the remainder of this months rent and return the security deposits in full if she vacates by April 1. She is claiming the lease is valid and threatening to fight eviction. Is residency with no lease considered month to month? What do we have to do to give proper notice to vacate?
A:
In my opinion, you are approaching this wrong. Yes, oral rental agreements are valid and are month to month. Since you presented the written lease to her and she signed, a Judge might or might not find it to be enforceable as a 6 month lease. Regardless, she has been there more than long enough to establish residency so the only way you can get her out, if she does not leave voluntarily, is by evicting her in court for breaching her rental agreement be it either a month to month or a 6 month lease.
That all said, you should NOT be accepting partial rent payments (and return any partial rent payment you have received if you received it less than 10 days ago) or you lose your right to evict this month. Instead, you serve her a legally worded 72 Hour Notice that her tenancy is terminating unless she pays the rent within said 72 hours - in full. You also serve a 30 day for cause termination of tenancy notice notifying her of the ways she is breaching the rental agreement. It gives her 14 days to "cure" the offending behavior or 30 days to get out. If the same violation continues or reoccurs after day 14 and before day 30, and she is not out by day 30, you proceed to evict in court. If it does not reoccur after day 14 and before day 30, but does reoccur anytime in the next 6 months, you then serve her a 10 day termination of tenancy notice which gives her no right to cure - she simply has to be out and if she is not, you file to evict.
Note there are legal requirements for what information is required in each notice; they must be in writing (not verbal, text message, email, etc.); and they must be lawfully served. And you must fully and exactly comply with all the requirements or you risk having your eviction lawsuit tossed out of court; the tenant remaining in possession, now emboldened; and your owing the tenant's court costs and attorney's fees.
So you are strongly urged to gather up all the documents you have and make an appointment with a local landlord-tenant attorney to review everything and help guide you through the process of removing the tenant. This is not a do-it-yourself project unless you really want to gamble on potentially losing thousands of dollars. Good luck.
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