month to month lease

3 Replies

if you give notice to the tenant to cancel the month to month can the landlord take possession in 30 days from notice>

@Greg Truco It depends on the wording of the lease. There should be a clause in there about termination and who has to notify who. If there is not, you will need to find out what the standard in your state is for termination.

Jeremy Pakalka, Real Estate Agent in TX (#674835)

Your state regulations may take priority over lease language so better check your state codes.

in PA, you would need to give a 30 day notice in writing to the tenant to quit. however, that does not mean the tenant will actually BE out in 30 days. 

and if they don't that's where the fun begins.... some tenants know they can sit there until you get possession from the court, which in PA can take about 6 weeks. If they don't budge at the end of the notice period, you will need to go to the local magistrate and have them served, demanding possession. most judges will give the tenant the 15 day legal notice period to see if they get out before scheduling a court date. if they still aren't out, a court date is set, which could be another week. after court, even when you win, they have another 10 days to appeal.

The worst part of it all is that while you get no rent during this period and the tenant can continue to run up water and sewer bills (which you will get stuck with), you have almost no ability to recover, even after winning the judgment!!! PA is one of the worst states for judgment recovery. 

check this out: https://plus.google.com/109352428769700509072/posts/hrxCY1R7qaQ to see how i really feel. its my real estate blog on google. the laws here are stacked against landlords, and our legislators are worthless to bring about change to protect us.

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