My yearly lease with a tenant ended 8-1-17. We were crazy busy in August so I did not call tenant to sign a new lease. By Sep. we started to text and voice message him about signing the new lease, but he did not reply. He continued to pay Aug. and Sep rents a few days late. By the middle of Oct he had not paid so we sent him a friendly reminder and again reiterated we needed a new lease signed. He paid, but sent us an angry bizzare letter saying that the lease is now month to month and he refuses to now sign a year lease. Our lease states we don't do month to month. From his letter I can see he has issues I don't want to deal with.
So do I evict him for violating the lease for not agreeing to sign a one year lease or go along with his logic and say if we are now month to month you have 30 days to leave as I am not renewing?
It is much easier to just let him know you are giving 30 days notice to vacate, than to evict (At least in my state)
But you can give both at the same time. a 3 day notice to pay or quit since he has not paid rent, and a notice of non-renewal.
If your state is quick on evictions i supposed you can go that route.
I would no longer ask him to sign any type of annual lease, since you want him out anyway. Best of luck.
I'd give him the 3 (or 5) Day Pay or Quit. Hopefully he'll pay for October. Then I'd give him the 30-day Notice to Vacate after receiving the rent. It's doubtful you'll receive any Oct. rent if he's given the 30-Day Notice before or at the same time as the Pay or Quit. If he doesn't pay or move, then file for an eviction. I suppose it wouldn't hurt to post a 30-Day Notice at that point also, though I'm not 100% about that. But the kind of tenant who doesn't leave after not paying the rent and getting a notice, is probably not the kind of tenant who would leave after receiving a 30-Day Notice either.
That is what I was thinking too. As our lease states we do not do month to month but for non renewal purposes can I make the final date 12-1 or 30 days from when he refused to sign a new lease which would be 11-22?
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In my state the 30 day notice is a lot easier than an eviction and we do not have to give a reason why. If your state is similar I would just issue him the 30 non renewal letter.
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