How many days Notice do you GIVE tenants to MOVE OUT?

11 Replies

I KNOW it is different per state, I am asking you on a personal level, what you would do in this situation.

- I want the tenant to LEAVE. Lease is over December 8th. If I tell them now, that i Will not be renewing there lease, Then I can Guarantee you, that they will NOT be paying for their last month of rent, they will just simply hold the rent to put towards another place. Basically if i tell them before they pay me rent money, they will screw me over.

What would you do?

Should I collect rent on December 2nd and Then tell them right away that I need them gone within 15 days? Pennsylvania is 15 days. 

I give them the minimum notice required. If they've already paid November rent, give them notice now. If they fail to pay the prorated rent for December, deduct it from their deposit.

If the lease is over on December the 8th and you don't intend to renew their lease, you probably should have advised them before now. What does your lease say about notice of non-renewal?

@Nathan G.

So the lease agreement ends on a certain date, I want tenants to leave

I must give them a 15 day notice

Should I give them the notice after they pay the rent due on December 2nd?

I feel if I give them the notice prior to the rent due date, they will JUST hold RENT and screw me over, because that would make most sense for them.. right? Haha.

^ this is basically the situation broken down.

@Charlie Moore in MD you have to give the legal notice. This is difficult to explain. What does your lease say? If it renews month to month automatically the you may need to give more notice than you think. EX: they are still there on dec 3. The lease has renewed for the month. If you give 30 day notice then the 30 days would end on the 2nd of January. But the lease automatically renewed on the 1st of January. So the tenant does not have to move until the end of January. In MD 30 day notice works out to more like 60 days. I hope this is clear.

@Charlie Moore if you accept rent for 30 days, you may be legally obligated to allow them to stay for the full 30 days.

Have they already paid rent for November? If so, you can give them 15 days notice right now and expect them out by December 1st. Or you can give them 30 days notice and expect them out December 10th. They will owe you ten days of rent for December, which they probably won't pay, but you can apply their deposit toward that amount after they vacate. Even if you don't have the funds available, at least you're only losing ten days of rent and not an entire month.

@Nathan G.

Exactly! I just know, I’m waiting until December 2nd when rent is due for the month. Then asking them to leave by JAN 3rd. That seems fair and ethical right?

Everyone here is giving you the systematic approach for what to do, so make sure to apply their advice with the laws of your state.  IF you want them gone so bad, it sure seems like losing one month of rent is worth it... but just my opinion.  There is a cost to doing business and short term losses can often lead to long term gains.  If they are poor tenants, follow the laws, give the correct notice and get them out.  Whatever comes of them paying or not, is just the price of doing business.

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