Posted by Bert G on March 23, 1999 at 21:30:49:
I think David A. is right about the month to month being preferable. the only time I use a lease is when sec 8 says I have to. Most leases tie up the landlord far more than they do the tenant. tenant can leave if they want to anyway, and while technically they’re liable for the remainder of the lease, you hardly ever hear of a court forcing them to stay. (Thats residential. Commercial lease is another matter.)
Directly to the point of your question: Typically to end a month to month lease you usually have to give a 30 day notice, unless the existing agreement specifies a different notice period. (Some states it might be a full month, whether Feb or July)However, if the tenant agrees to a shorter notice you could have her sign a waiver, but its probably easier to give the full 30 days. That way, if she chooses to not sign a long lease, she can find another place to live.
When I bought my 4-plex, I just sent all the tenants a letter on the closing day (March 31) telling them that thier existing rental agreements would terminate on April 30, and that I’d be in touch before then to make a new rental agreement. The I used my own month-to month instead of the really cr*py one the previous owner had.
Hope this helps
(No, this isn’t legal advice. I talked to a lawyer today and came out knowing less than when I went in.)