Is there a difference between evicting someone who has a month to month renting agreement (no lease)vs someone who has signed a lease for 6 months?
[addsig]
example: 6 month lease ... tenant bails in 2 months .... they still own for the remainder of the lease (4months)...
same token they have the right to stay there for 6 months... you just cant say get out after 2 months..without just cause/violation of lease agreement...
yes there are many differences too many to list....
For a tenant who has a lease, you must go through the eviction process.
For a tenant that does not have a lease, it is a little tricky. If the tenant is there without your permission, you have a "tenancy at sufferance". If they had a lease that has now expired, and are continuuing to live there WITHOUT the consent of the landlord, you have a "tenancy of sufferance". It cannot be considered trespassing because the tenant origanally took possession with the consent of the landlord.
With the tenancy at sufferance, the tenant may be removed at any time, without notice.
A trespasser, obviously, may be removed at any time without notice.
HOWEVER, if the tenant with a tenancy at sufferance pays the landlord rent and the landlord accepts it, a periodic tenancy is re-created. You would then have to give notice.
I hope that helps!
Also, I should make a disclaimer that different states may have different laws, but I think this will apply in general.
Let me lay out the scenario a bit more. I aquired this property with the tenant in place. I have accepted several months of rent already. I don't believe this tenant has ever had a lease. At least they have never had a lease under me. I ask this question in case the current tenant doens't pay and I wish to evict them. I live in the a duplex and they are my next door nieghbor.
If this situation, I would write up a 1-2 year lease and take it to your tenant. Simply tell them in the midst of all of the paperwork, you forgot to have them complete a lease. (Which you can say is required by your accountant, advisor, attorney, partner, etc) .
If they dont want to sign this agreement (or lease), I would share with them that I wont be able to rent the premises to them any longer than the month(s) rent that they have paid.
In my state, the laws provides that if a tenant does not pay rent, we give them a 10 days notice to evict. Give it to them personally, tape it to their door, or even better yet, send it certified mail which requires their signature. If they do not move out wit this notice, we then file suit. This process takes about 30 more days, and with a judgement, the sheriff will kindly remove tenant from the property for you. I use to go to the court house and file suit on my own, but I have found it to be much more sufficient and easier to pay a real estateattorney a couple hundred dollas to make sure that it is done correctly the first time, otherwise you may have to start the entire process over again.
In summary, I would require the tenant to sign a new lease, and if they dont want to sign, it may mean that they dont want to pay in the future, therefore I would find a new tenant. Hope this helps,
If you preferred to keep your agreement verbal, you would more than likely still follow the same proceedure as I mentioned above. (check your state laws).
The powerful thing that a lease does is that the tenant is more likely to pay when they are contractually obligated, rather than just their word.
Please do yourself a favor.. Check with your STATE and LOCAL laws first... What works in one state may not be the same as another state.. I used to live in Wisconsin, but cannot remember the laws anymore...
First things first, unless you want the tenants on a month to month, get a lease signed if possible... NEXT please CHECK with the person you purchased the property from as they may have forgotten to give you a lease, etc... etc... etc...
Also, the rules for evicting a tenant are different depending upon if they are month to month or leased... So be careful.. Follow the procedures to the letter and you won't have any problem... The State of Wisconsin or maybe even your count should have a site or at least some information available that outlines the procedures that you must take...
Good Luck...
Thanks for your reply. My tenants did pay for rent again this month. But it did bring the question up. You can never be too educated on something or too careful.
[addsig]
If you are going to ask them to sign a lease, you may as well have them fill out a rental applciation at the same time, You should have their SS#, and work info in your records. If you get a judgement for them not paying rent one month, it will not do a lot of good if you don't have a way to track them down to get your money.
Hopefully, you wil never have that problem, but you'll be covered just the same
I told them that they needed to be under a lease during the winter months. They agreed to my terms. I'll collect their information for that very reason!
[addsig]
when they have a lease and they dont pay
Pay Rent or Quit notices are typically used They give the tenant a few days (three to five in most states) to pay or move out ("quit".
Cure or Quit notices are typically given after a violation of a term or condition of the lease or rental agreement, such as a no pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face an eviction lawsuit.
Unconditional Quit notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct the lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
repeatedly violated a significant lease or rental agreement clause
been late with the rent on more than one occasion
seriously damaged the premises, or
engaged in serious illegal activity, such as drug dealing on the premises.
after the time has expired, then you can file the paperwork to evict...
on a month to month you have to give 30 days notice to vacate the premises, if not and the tenants stay, then you can file for an unlawful holdover in order to evict.
Where can I pickup these "Pay Rent or Quit" notices.
Quote:
On 2003-10-11 08:01, lp1 wrote:
when they have a lease and they dont pay
<BR>Pay Rent or Quit notices are typically used They give the tenant a few days (three to five in most states) to pay or move out ("quit".
<BR>Cure or Quit notices are typically given after a violation of a term or condition of the lease or rental agreement, such as a no pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face an eviction lawsuit.
<BR>Unconditional Quit notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct the lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
<BR>repeatedly violated a significant lease or rental agreement clause
<BR>been late with the rent on more than one occasion
<BR>seriously damaged the premises, or
<BR>engaged in serious illegal activity, such as drug dealing on the premises.
<BR>after the time has expired, then you can file the paperwork to evict...
<BR>
<BR>on a month to month you have to give 30 days notice to vacate the premises, if not and the tenants stay, then you can file for an unlawful holdover in order to evict.
My suggestion is that you start evolving a very good lease. Mine is seven pages long and covers a great deal of ground and is very valuble in resolving issues with tenants. You might contact local management companies and ask for copies of their leases to use as a starting point.
With regard to eviction, the main difference between a lease and month-to-month is that you can give notice of termination of a month-to-month tenancy without giving reason with a 30-day notice (in most states and in areas without eviction control ordinances). In many states if neither party does nothing at the end of a lease period, it automatically reverts to a month-to-month tenancy. You can certainly evict for breaches within the lease period, but you currently are not operating under a lease which is one reason for my above suggestion.
I presume by lease agreement you mean a verbal agreement. Verbal or wrtitten for 6 months= no difference.
But, in the future get all agreements in writing EVEN if its for 1 day. Then, there's no misunderstanding. Everything is reduced to writing.
yes...
month to month is just that...
example: 6 month lease ... tenant bails in 2 months .... they still own for the remainder of the lease (4months)...
same token they have the right to stay there for 6 months... you just cant say get out after 2 months..without just cause/violation of lease agreement...
yes there are many differences too many to list....
For a tenant who has a lease, you must go through the eviction process.
For a tenant that does not have a lease, it is a little tricky. If the tenant is there without your permission, you have a "tenancy at sufferance". If they had a lease that has now expired, and are continuuing to live there WITHOUT the consent of the landlord, you have a "tenancy of sufferance". It cannot be considered trespassing because the tenant origanally took possession with the consent of the landlord.
With the tenancy at sufferance, the tenant may be removed at any time, without notice.
A trespasser, obviously, may be removed at any time without notice.
HOWEVER, if the tenant with a tenancy at sufferance pays the landlord rent and the landlord accepts it, a periodic tenancy is re-created. You would then have to give notice.
I hope that helps!
Also, I should make a disclaimer that different states may have different laws, but I think this will apply in general.
Let me lay out the scenario a bit more. I aquired this property with the tenant in place. I have accepted several months of rent already. I don't believe this tenant has ever had a lease. At least they have never had a lease under me. I ask this question in case the current tenant doens't pay and I wish to evict them. I live in the a duplex and they are my next door nieghbor.
Hi Ddemott,
If this situation, I would write up a 1-2 year lease and take it to your tenant. Simply tell them in the midst of all of the paperwork, you forgot to have them complete a lease. (Which you can say is required by your accountant, advisor, attorney, partner, etc) .
If they dont want to sign this agreement (or lease), I would share with them that I wont be able to rent the premises to them any longer than the month(s) rent that they have paid.
In my state, the laws provides that if a tenant does not pay rent, we give them a 10 days notice to evict. Give it to them personally, tape it to their door, or even better yet, send it certified mail which requires their signature. If they do not move out wit this notice, we then file suit. This process takes about 30 more days, and with a judgement, the sheriff will kindly remove tenant from the property for you. I use to go to the court house and file suit on my own, but I have found it to be much more sufficient and easier to pay a real estate attorney a couple hundred dollas to make sure that it is done correctly the first time, otherwise you may have to start the entire process over again.
In summary, I would require the tenant to sign a new lease, and if they dont want to sign, it may mean that they dont want to pay in the future, therefore I would find a new tenant. Hope this helps,
Best of Success,
BAMZ[ Edited by BAMZ on Date 10/06/2003 ]
Hi Ddemott,
If you preferred to keep your agreement verbal, you would more than likely still follow the same proceedure as I mentioned above. (check your state laws).
The powerful thing that a lease does is that the tenant is more likely to pay when they are contractually obligated, rather than just their word.
Best of Success,
BAMZ
Please do yourself a favor.. Check with your STATE and LOCAL laws first... What works in one state may not be the same as another state.. I used to live in Wisconsin, but cannot remember the laws anymore...
First things first, unless you want the tenants on a month to month, get a lease signed if possible... NEXT please CHECK with the person you purchased the property from as they may have forgotten to give you a lease, etc... etc... etc...
Also, the rules for evicting a tenant are different depending upon if they are month to month or leased... So be careful.. Follow the procedures to the letter and you won't have any problem... The State of Wisconsin or maybe even your count should have a site or at least some information available that outlines the procedures that you must take...
Good Luck...
COntact me If I could help you...
Duane
Thanks for your reply. My tenants did pay for rent again this month. But it did bring the question up. You can never be too educated on something or too careful.
[addsig]
If you are going to ask them to sign a lease, you may as well have them fill out a rental applciation at the same time, You should have their SS#, and work info in your records. If you get a judgement for them not paying rent one month, it will not do a lot of good if you don't have a way to track them down to get your money.
Hopefully, you wil never have that problem, but you'll be covered just the same
I told them that they needed to be under a lease during the winter months. They agreed to my terms. I'll collect their information for that very reason!
[addsig]
when they have a lease and they dont pay
.
Pay Rent or Quit notices are typically used They give the tenant a few days (three to five in most states) to pay or move out ("quit"
Cure or Quit notices are typically given after a violation of a term or condition of the lease or rental agreement, such as a no pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face an eviction lawsuit.
Unconditional Quit notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct the lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
repeatedly violated a significant lease or rental agreement clause
been late with the rent on more than one occasion
seriously damaged the premises, or
engaged in serious illegal activity, such as drug dealing on the premises.
after the time has expired, then you can file the paperwork to evict...
on a month to month you have to give 30 days notice to vacate the premises, if not and the tenants stay, then you can file for an unlawful holdover in order to evict.
So it sounds like in most states its easier to evict someone who rents than leases.
[addsig]
Where can I pickup these "Pay Rent or Quit" notices.
.
Quote:
On 2003-10-11 08:01, lp1 wrote:
when they have a lease and they dont pay
<BR>Pay Rent or Quit notices are typically used They give the tenant a few days (three to five in most states) to pay or move out ("quit"
<BR>Cure or Quit notices are typically given after a violation of a term or condition of the lease or rental agreement, such as a no pets clause or the promise to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A tenant who fails to do so must move or face an eviction lawsuit.
<BR>Unconditional Quit notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct the lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
<BR>repeatedly violated a significant lease or rental agreement clause
<BR>been late with the rent on more than one occasion
<BR>seriously damaged the premises, or
<BR>engaged in serious illegal activity, such as drug dealing on the premises.
<BR>after the time has expired, then you can file the paperwork to evict...
<BR>
<BR>on a month to month you have to give 30 days notice to vacate the premises, if not and the tenants stay, then you can file for an unlawful holdover in order to evict.
Dale,
My suggestion is that you start evolving a very good lease. Mine is seven pages long and covers a great deal of ground and is very valuble in resolving issues with tenants. You might contact local management companies and ask for copies of their leases to use as a starting point.
With regard to eviction, the main difference between a lease and month-to-month is that you can give notice of termination of a month-to-month tenancy without giving reason with a 30-day notice (in most states and in areas without eviction control ordinances). In many states if neither party does nothing at the end of a lease period, it automatically reverts to a month-to-month tenancy. You can certainly evict for breaches within the lease period, but you currently are not operating under a lease which is one reason for my above suggestion.
Regards,
Ed[ Edited by edmeyer on Date 11/17/2005 ]
Quote:So it sounds like in most states its easier to evict someone who rents than leases.Dale,
A tenant is a renter. A tenant has a lease. In the absence of a written lease, the tenancy defaults to a month-to-month lease.
Eviction procedures usually do not discriminate between long term renters and month to month renters.
Notices of lease termination and for rent increases may have different implementation timetables for the long term lease vs the month to month lease.