Month-to-month tenancies are terminated by a 30-day notice to quit.
For all its dark connotations, the term "eviction" merely describes the procedure for recovering a rental premises from a tenant. Although calling to mind Adam and Eve's expulsion from paradise, eviction does not always turn on wrongdoing or even breached promises. Any time a landlord wishes to take back rental property for whatever reason, she must serve a notice to the tenant. Procedures for evictions vary among jurisdictions, but many states provide a shorter period for evictions resulting from failure to pay rent. A 30-day notice usually seeks to recover rental property from a tenant who has done nothing wrong. In essence, it provides notice to the tenant that the landlord elects to terminate the month-to-month tenancy.
Instructions
1. Reread the written rental agreement, also termed the rental contract. The terms of a legal rental contract control the termination of tenancy. If the rental is for one month, renewed for another month by the payment of rent, it is termed a month-to-month tenancy. Generally, month-to-month tenancies can be terminated by either party by sending a 30-day notice to the other party. Look for this language in your rental contract.
2. Visit the law library to confirm that your jurisdiction does not have rent control. If your rental property is covered by rent control, it is unlikely that you can evict the tenant unless he has done something wrong. The acts or omissions that would support an eviction in a rent-control district are set out in the rent-control ordinance or statute, together with the procedures for proceeding with an eviction action.
3. Prepare a document to your tenant stating that you are terminating the tenancy. In the letter, reference the paragraph of the rental agreement describing the termination procedure. State the date by which the tenant must vacate, at least 30 days from the date you intend to serve the document. Sign the document.
4. Deliver the 30-day notice to the tenant in the manner described in the contract or, if none, in any manner permitted by law in your jurisdiction. Generally, you can hand the letter to the tenant personally, have it served by a third party or put it in his mail slot.
5. Contact an attorney if the tenant does not leave at the end of the period. Alternatively, visit the law library or courthouse to determine the procedure for bringing an unlawful detainer action against your tenant. Procedures vary considerably among states but generally involve preparing and serving the tenant with a summons and complaint for eviction.
Tags: 30-day notice, notice tenant, rental contract, rental property, from tenant, month-to-month tenancy, rent control
