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
Bert G
(No, this isn’t legal advice. I talked to a lawyer today and came out knowing less than when I went in.)
I’m about to get a property with a renter in place. The renter is month to month and i want to get her on my lease. Is there a certain time frame to end their lease and get them to sign my lease? (i.e. 30 day notice)?
Re: 30 days Notice to Stay or Move - Posted by Millie I.
Posted by Millie I. on March 24, 1999 at 19:01:20:
Dave,
I’ll make an appointement to meet the tenants the next day after closing, and take an application to see if they meet my criteria. Do credit check if necessary.
If they qualify, offer them a lease, and give a ‘30 days Notice to Move’ if they do not accept the lease requirements. Negotiate if necessary.
If they don’t qualify, tell them that you need to renovate the unit for family use, and give them ‘30 days Notice to Move’.
The Notice should require them to return keys and a clean undamaged unit to you by the moving date, or they could be charged for cleaning, repairs, and an extra month’s rent while you are cleaning or fixing the unit they damaged. Charges will be sent for collection through the courts if necessary.
To be a successful landlord, you have to be ‘warm’ and ‘cold’. Respect the tenant’s rights. Work things out to make it a win-win situation. But make sure they know you are there to make a ‘Living’, and this is no charity. You are NOT going to take a loss. If they can’t afford it, there are other places that are more suitable for them.