How to evict a month-to-month tenant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to evict a month-to-month tenant?
I own a home and rented out a room to make a little extra money.The person I rented to is constantly bringing over various women for “adult encounters”. Even though I didn’t have him sign any “no visitor” agreement, I feel that it’s a violation of my own privacy because I don’t know any of these people and to have total strangers in home is just a bit uneasy. There is no lease involve so it’s a month-to-month rental. In essence, I no longer wish to rent to him and would prefer that he vacate the premises. What necessary steps would I need to take to have him leave? I own a home and I rented out a room to make a little extra money to help cover some of my expenses.
Asked on December 7, 2012 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since this person has no written lease, as a month-to-month tenant, you can give them a 30-day notice to quit (i.e. vacates). It should be in writing, identify the address of the premises and state the date that you want them to leave by. In most jurisdictions you can deliver it yourself although you may want a friend or other family memeber to do it for you; in some states you can even just tape it to the front door although you need to also mail a copy of the notice to the tenant. Also, be sure to keep a copy for yourself.
If they fail to leave by the date specified, you will need to file an "unlawful detainer'; that is an eviction lawsuit. Under no circumstances attempt to evict this person yourself; this includes removing their belongings, changing the locks, etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.