Landlord advice about giving notice to tenant

7 Replies

So my current tenant told me back in september 2018 that she needed a first floor apartment (because she got sick and needed help going up and down the stairs) completely understandable so she said she was going to start looking so i followed up a month and a half later because i hadn't heard from her and i had a prospective tenant lined up and she said she was too weak to move in her condition which put me in a rough spot since i had a lot of interest from a new tenant so she said maybe a couple more months she could start looking again but she would let me know for sure when she did. After january hit i knew she wasn't going anywhere until winter was over. it's now april 1st and still no word. how do i proceed? call her and ask when she is going to start looking again because i feel like i've been pretty generous in letting her stay longer when i had someone to go up there and it's been on hold for them. legally how do i say nicely that she needs to start looking and how long is the minimum amount of days to let her find something and does it need to be in writing? and what if she gives me a hard time? - sorry first time landlord here

Is she month to month?  If so, give her proper notice (check local laws) which requires either 30 or 60 days.  Make sure it is in writing.  Some jurisdictions have online templates you can use.  Also make sure if you give it to her in person, she signs it saying she's received it or send it certified mail again with signature required.

Are you sure the person you have 'on hold' will move in?

Read your state landlord tenant regulations. Being a new landlord does not exclude you from the responsibility of knowing all the regulations. You should have a copy of the regulations with you for reference.  

Regulations are state specific, they contain the answers to your questions.

If she has a lease you have no reason to ask when she is leaving, if she does not have a lease (M2M) you give her notice to non renew, usually 30 days, and get rid of her.

It sounds like the tenant just gave you a heads up that they would be leaving.  I'd go back to the tenant and let them know that it sounds like they are staying until they can go elsewhere and that you'll need (30/60/90 days depending on your lease) notice for when they do decide to vacate.  Until then, this is your tenant.

@Shana Amaral Presumably you can get it rented easy enough, but you first need to find out if she's going to move.  Once she gives you formal notice, remind her there is no going back.  Let her know that you need to know XX days in advance as per the law and you need it in writing.

When she moves, remember to include the bill for advertising the unit in the fall since she didn't move and you incurred additional costs.

As long as she's paying rent, I wouldn't do anything.  Saying she's "going to start looking" isn't giving formal notice that she's going to move, so I'm not sure why you already had a new tenant lined up. She might move, she might not.  But until she confirms an actual move out date in writing, I wouldn't put any more time or effort into this situation.  Just let her stay and keep paying rent.