How much smoking proof is needed to non-renew

Question

I purchased a duplex that came with tenants. Tenants I probably wouldn’t have approved. The neighbor is complaining of cigarette smoke coming thru the air ducts. I was just there to look At their fridge and found a cigarette butt under the fridge and didn’t say anything. How much proof of smoking do I need to say this is their last month and I will not renew their month to month lease?

Ryan B. · Answer

You don't need any proof.  You don't need a reason for not renewing a month to month lease.  Just give them notice.

Matt Devincenzo · Answer

None! If they are MTM, unless there is some local 'anti-termination' rule you can end their lease for any...or no reason at all. It's probably better to say nothing other than you've decided to end their lease. Otherwise you start the process of them explaining or justifying ect. Instead just give them the 30 day notice of non-renewal and get a new tenant after they move out.

Account Closed · Answer

I agree with everyone else. You legally don't need to have any reason to extend a contract. In this case, the contract is for 30 days. In Wisconsin, we would issue a 28 Day Notice to Vacate notifying you won't be renewing and be on your way! :)

Wesley W. · Answer

I agree with everyone else, but just make sure you don't have a state or local law that deviates from that logic.  NY recently passed such a law, so long-term tenants on a MTM need more than 30 days' notice.

How much smoking proof is needed to non-renew

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