Q: Can I give me tenant a 30 day notice to vacate?
Hello. I have a rental property and have tenants that’s been living there for almost 3 years. Every year I have to call them several times and contact 5 different people to get them to send over the new lease agreement. Every other month I’m getting letters from waste management threatening to put a lien on my property because they are not keeping up with the waste management. This has been going on since they moved in and I’m tired of dealing with it. Waste management is extremely behind and I still have not received the new lease agreement that should have been signed back in October of 2019. I’m beyond tired of dealing with it and would like for them to vacate. Am I able to give them a 30 day notice and how should I go about handling it? Thanks.
A:
If your tenant is on a month-to-month lease then yes, you can terminate that lease by sending them a 30-day notice of termination. I would recommend sending it to them certified mail so that you have proof of acceptance. Once the 30 day period has passed their lease is terminated. However, you should be aware that not all tenants honor the 30-day termination notices, and if that happens and they stay beyond the deadline (this is known as "holding over") you are not allowed to remove them from the property. If they hold over you will need to file for an eviction and seek a court order allowing you to take possession of the home. Then they will be forced to leave.
Hope that helps.
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