Evicting a Month-to-Month renter

7 Replies

I just looked at a nice 3/1.5 house that a motivated landlord wants to sell. Currently, it's occupied by a tenant who has only been there for two months. She has been late with the rent and hasn't even paid to have the power turned on.

My "ever so helpful" Realtor tells me that the eviction process for someone who is on a month-to-month lease is just as tough as someone on a long term lease.

Is this true?
Can anyone offer knowledgeable advice on this situation?

Thanks.
Travis West

What state?

@Travis West

I don't know specifics on Texas evictions, but I don't see why evicting for non-payment of rent would be any different for a lease versus a month to month tenant. Non-payment of rent is a perfectly valid reason to evict regardless of the type of rental agreement. Has someone led you to believe it's easier to evict a month to month tenant?

M2M just means you can end the lease with proper notice. If they refuse to leave, that eviction will be just the same as in they had a 1 year or 10 year lease. Check with your state laws, MO allows you to charge 2x the rent amount if they stay in violation of the lease. I sent my tenants who I wanted out after their 1 year lease a letter stating "...this is your 30 day notice. Please note that if you occupy the premises as of March 1, per the lease (I restate the law in the lease so it is in front of them), rent for March will be $1600..."

If somebody wants to stay as long as possible, it won't work. But if they see how much things will cost them, it may help them get out. My tenants mentioned $1600 several times in the last few conversations with them.

Sorry Wendy Doris.

Texas

Travis I one led me to believe that either (M2M or long-term) was easier than the other.

I guess I was voicing my own ignorance.
- Renter signs a lease M2M.
- Renter doesn't hook up power.
- Renter moves in and opens all windows and doors to make things cool.
- Renter is late and only pays partial

Crappy renter!

I was jus t hoping it would be easier to get rid of them. Haven't seen the contract yet though.

Travis

If you decide to go forward and make an offer, make closing contingent on a vacant unit. Let the eviction be on the shoulders of the seller. Another viable option is to offer her cash to move (less than $500 ought to do it if she's so broke she can't turn on the power).

In md, the only difference between month to month and year is that the lease can be terminated by the landlord with 30 days notice

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