Terminating Tenant Lease with 80 Days Notice

Terminating Tenant Lease with 80 Days Notice

Investor · AMBLER, PA · Member since 2013 · 158 posts · 98 votes

Hello!

I have a unit with two tenants who have become an issue for me. They are noisy, have verbal altercations (and there was one physical altercation involving a third party), have smoked in my unit despite it being a non-smoking property and do not maintain the grounds as they should. The police have been called to the property at least twice due to domestic disturbances. Their lease expires 10/31/2023 and I have decided not to renew. They pay their rent on time but they are not worth the headache factor and possible damage to my property. In my state, I am required to give them 15 day notice if their lease is a year or less or 30 days if the lease is over 2 years. They have only lived here for the past year. My lease states I will give them 30 day notice. Is it fine if I give them notice now (80 days in advance) or should I wait until the 30 day mark? In my mind, 80 days gives them enough time to find another place so I should tell them sooner rather than later and maximize the potential for them to actually leave. Some small part of me worries they will go renegade if I give them too much notice but I don't really think they will. I am not planning to evict them (at least not as of right now). I just don't want to deal with them for another year. Any thoughts on this?

Thanks,

Karen.

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Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

You can always provide more notice than required, BUT, I would send "reminder" notices at, say, 45 and again at 30. Also, I would sweeten the pot for them, advising that rent will be prorated only to their last day of occupancy IF they turn over keys, unit is clean, etc.
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  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    You can always provide more notice than required, BUT, I would send "reminder" notices at, say, 45 and again at 30. Also, I would sweeten the pot for them, advising that rent will be prorated only to their last day of occupancy IF they turn over keys, unit is clean, etc.
  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    3y

    30 days notice means you need to give them at least 30 days notice. 

    If they are getting repeated police calls, I would consider an emergency eviction and get them out much sooner.  Talk with a local eviction attorney.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Karen Johnson:

    Why do you care if they find another place? They don't care about you or the rules, so don't bend over backwards to take care of them. If you give notice too early, they may choose to not pay their last month's rent and cause more problems. I would give them the minimum required.

    I also recommend you find ways to uphold the lease terms and remove tenants that continue to violate the rules so it doesn't get to this point.

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