We have a tenant who has rented from us for a number of years. We initially had a 1 year lease agreement, but never renewed the agreement in writing. This tenant is now late on rent.
My question is if we do not have a lease agreement does it convert to a month to month tenancy? and do we need to do the 3 day notice or give her a 30 day notice to vacate?
Most leases revert to a month to month tenancy with the same terms of the lease when the lease expires. So you most likely need to treat the situation however you would if the lease was still in effect.
I agree with Russell. Does your lease not state that it goes month-to-month after the initial term? If not, you'd treat it as a verbal lease, which is probably similar to a month-to-month. They're still expected to pay rent.
Immediately file for rent court for the missing rent. It's already the 11th. Get that ball rolling.
If you also want them to vacate, you would also do whatever the first step is for that in your area. But I recommend going after your rent money.