Termination of Month to Month Lease

Termination of Month to Month Lease

Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes

Hello all,

We have a long time tenant-the last of the tenants from a crooked property manager-we are now self managing all of our properties.

We have rentals in Michigan, California, Hawaii and Georgia. This tenant in question is in Atlanta where we also reside.

We are on a month to month lease with him. He ALWAYS pays late but includes the late fee. He is now 9 days late and we would like to take possession of the property.

I know eviction is an option, but other than being late on rent this tenant is always cooperative and honest. We would like to just end the month to month lease agreement and take possession.

Tenant is currently out of town long term for work and family. He actually seems to have another place to stay but “doesn’t want to lose the place in Atlanta because the rent is so cheap.” Ugh.

Is it acceptable to email the lease termination to him? Everything I read says it must be hand delivered but I don’t know if that applies in this situation. Since we started self managing we have had awesome tenants so I have never had to end a tenancy before.

Any advice/guidance is greatly appreciated. I have learned so much from this site/app/podcast!!!!

Thank you!

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Member since 2020 · 15 posts · 2 votes
6y

I do not know GA law, but most allow for certified mail. Send it and be done. I am pretty sure it is all spelled out. If in doubt, grab a local property manager and pay them to learn the process.

If you do not want to go that route, you are on a month to month....I am positive every state has a just give notice to not renew. Most month to months have a notice period and you are done.

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  • Rental Property Investor · Rockville, MD · Member since 2015 · 133 posts · 83 votes
    6y

    I think this varies greatly state by state so take my response with a grain of salt.

    I personally email and do certified mail in situations like this.

    Just curious, have you been inside this property recently?

  • Member since 2020 · 15 posts · 2 votes
    6y

    I do not know GA law, but most allow for certified mail. Send it and be done. I am pretty sure it is all spelled out. If in doubt, grab a local property manager and pay them to learn the process.

    If you do not want to go that route, you are on a month to month....I am positive every state has a just give notice to not renew. Most month to months have a notice period and you are done.

  • Bill HamptonBusiness Member
    Accredited Investment Fiduciary, AIF®, Financial Planner, Tax Strategist, Real Estate Investor · Atlanta, GA · Member since 2012 · 2k+ posts · 977 votes
    6y

    @Megan Palmieri

    Google "Georgia Tenant Landlord Handbook " for information.

    Good luck. 

    Hampton Tax and Financial Services LLC4.7106 Reviews
  • Calvin OzanickBusiness Member
    Property Manager · Janesville, WI · Member since 2017 · 707 posts · 297 votes
    6y

    Here in Wisconsin you can just serve a 30 day notice. This must be served legally and delivered in person, but if you want, I am sure the sheriffs department offers some form of service for a small fee. 

    Wisconsin Property Managers4.7412 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    At this point, I don't see any need to consider the law. he is responsive and honest so just be honest with him and explain that you want the property back. Politely but firmly request that you vacate within 30 days of notice or give him a specific termination date. See how he responds and then go from there.

    The DIY Landlord Book4.7248 Reviews
  • Property Manager · Madison, WI · Member since 2019 · 30 posts · 38 votes
    6y

    @Megan Palmieri

    I manage in Wisconsin, so I’m not sure if you have rent controls in Atlanta. If you’re uncomfortable sending a 30 day notice you could update his month to month contract and raise his rent to a level where it’s no longer “so cheap.” You still have to give notice that the rent is increasing of course.

    We do this often in value add class C renovation acquisitions. Once we’ve started to update common areas we raise rents on the month to month contracts to justify the repairs and bring in a higher class of clientele. 

  • Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes
    6y

    @Mary K. Thanks so much for the response. We will do certified mail as well as email with read receipt.

    We last inspected the property almost a year ago. He’s not the neatest guy but everything was in working order. We are a bit nervous as to what we will find but plan on doing an update/mini remodel regardless.

  • Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes
    6y

    @Jim Weigel Thank you Jim!

  • Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes
    6y

    @Bill Hampton Thank you Bill!

  • Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes
    6y

    @Chris Gantz Excellent idea-very interesting-thanks for the Info Chris!

  • Rental Property Investor · Rockville, MD · Member since 2015 · 133 posts · 83 votes
    6y

    @Megan Palmieri Sounds like perfect time to get in there with your handy man and figure out what needs to be done to get the place rent ready for the next person :)

  • Rental Property Investor · Atlanta, GA · Member since 2018 · 6 posts · 3 votes
    6y

    @Mary K. Just an update on our situation. We sent read receipt email and certified mail of 30 days notice to vacate (per our lease) and tenant has not opened either. He is also not returning phone calls, emails, texts and has blocked us on social media.

    He is 18 days past due on January rent. He has until 2/11 to vacate.

    Next steps will probably be filing dispossessory affidavit with magistrate court and most likely eviction after that.

    Very disappointing. But it was bound to happen to us at some point!

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