BiggerPockets

Give him notice the lease will not be renewed, in accordance with the lease and local laws. Typically, that would mean you could notify him before the end of September that the lease will be terminated as of the end of October. But your lease terms and local laws prevail.

In addition to the advise provided...

Assuming that your lease allows you to enter the premises with sufficient notice show up for the inspection. And bring a camera.

Also, in the future always send coorespondance to tenants certified and first class.

I was referring to the Pay or Quit. There are three regulations in the signed lease that he is breaking.
The lease is month to month, I have contact with my lawyer and this tenant is a client of their law firm so they are unable to assist with this issue. The tenant is a 18 year old on disability - I wonder why he's on disability. So should I contact him today and inform him that I will be there on Friday at 12:30 or should I just go since I sent the certified letter.

So I will give him an eviction notice for October 31st. Should I do this after I get his rent for October?

No, there's no eviction involved. You just give notice you're terminating the lease. A month-to-month lease can be terminated at any time by either party (you or the tenant) provided the terminating party gives proper notice. If your lease is typical, and your laws are typical, you would need to give this BEFORE the end of September.

If they don't pay the Oct rent, claiming you can "take it out of the security deposit", THEN post a pay or quit and do an eviction based on the unpaid rent. That's an eviction that you can easily win in court.

Again, what does your lease say about termination? What are the local laws? You say you have a lawyer. If you don't know, call and ask them how much notice you must give to terminate a month to month lease.

If you really just want the dog gone and the mess cleaned up, post a notice to remedy those problems or to quit. Maybe that will shake him up enough fix the problems. If nothing else, it creates a paper trail so that if you do eventually want to try to evict him on the basis of the mess, you have some documentation.

Evict them. You may have to get creative to give them letter.

Brian Haskins

I am going to go ahead with what Jon suggested not renewing their lease. My challenge is: I have to give them 30 days, there rent is due 9/1 for $475... can I wait to give them their letter re: not renewing their lease til I get there $ or what will happen if they get their letter is... they will say i can keep deposit that's there rent. And with a 30 day notice I think they are going to trash the place... I have seen what they have done in 7 days.

If you have to give exactly 30 days notice, and you want to terminate the lease 10/31, then you would have until 10/1 to give them the notice. If you don't get the rent until 10/4, and then you give notice, you'd be stuck with them until 11/3 (exactly 30 days) or 11/30 (end of the next month.

Place may get trashed. That's part of the business. If you're losing sleep at night over that, you should get out of this business.

If they refuse to give you rent after you give notice, THEN EVICT!! Now you have very strong grounds for an eviction. Post a three day pay or quit as soon as the rent is late. A judge WILL award you the eviction. You may not get them out any quicker, but now they have an eviction on their record.