Re: Month to Month Lease, is it easier to evict?

Re: Month to Month Lease, is it easier to evict? by Eric (CA) on November 30, 2007 @16:15

"Seems to me you may not understand eviction for non payment vs eviction / termination for non specific (or other specific) reasons...totally different processes." This is a true statement, this is my first rental. Can I just notify her that I am not renewing the lease and she has 30 days to vacate? Also, this is my house, not an apartment complex.

The property is in Brentwood in Contra Costa County (Bay Area) I called the City to find out about rent control, etc based on your initial reply.

I used the standard LPA month to month template which states rent is not officially late until after the 5th of the month. I thought that was standard...I believe I had a grace period when I used to rent. Although I may be misintepreting the agreement as written.

She has lived in the house since April and has been a pretty good tennant so far. I believe we also agreed on a 60 day notice for discontinuing the lease, but I am not sure if I only made that stipulation for her notice, or mine as well.

Thanks again.

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Re: Month to Month Lease, is it easier to evict? by Terry (ca) on November 30, 2007 @16:48

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Eric..I'm sorry but your posts are not making the situation any clearer.

Is the tenant current on the rent? Are you looking to evict for non payment or not?

When you called the City what did they say about rent OR eviction control in your area?

Using a "standard" agreement is not always the best approach..using one customized to YOUR state and local laws is always best.

I have no idea what some of your comments mean such as, " I believe we also agreed on a 60 day notice for discontinuing the lease, but I am not sure if I only made that stipulation for her notice, or mine as well.". First off, WHAT IS IN WRITING? How can you not be sure what the agreement states?

Do you or do you not have a MTM rental agreement in place? OR is it a fixed term LEASE?

Next, WHY would you require 60 day notice to terminate a MTM rental agreement in writing unless it is mandated by state law (only if they lived there more than a year)?

If she has been a "good tenant so far" since April, why are you asking about late payments and eviction?

There is NO STANDARD as far as when rent is legally late. EVERYTHING in this business is guided by STATE and LOCAL laws period...so again...I explained the general STATE law to you already...have no idea why you'd put in place something that further restricted you as a LL.

Since most of CA does NOT mandate any grace period other than if the due date is on a holiday or weekend...most LL's I know charge late fees and start eviction on the 4th of the month or so.

Re: Month to Month Lease, is it easier to evict? by Terry (ca) on November 30, 2007 @16:55	[ Reply ]

Perhaps the mandated 60 day notice is specific to Contra Costa county and/or your city? The best / easiest eviction process if for non payment. Because you are in a more liberal area of CA...any other termination may be troublesome due to the numerous tenant assistance programs around, tenant free/cheap legal services, etc. I'm still not sure WHY you are trying to terminate this tenant?

Re: Month to Month Lease, is it easier to evict? by Eric (CA) on November 30, 2007 @17:06	[ Reply ]

Thanks for your posts. I am trying to educate myself on the process in case I need to go through it. I guess I am playing catch up on some things I should have been absolutely sure about before renting. I am asking more, what if typ questions because I have never been through the process. I need to be sure I understand exactly what I need to should the situation arise. Perhaps I should have hired a property management team, but felt I was fairly intelligent enough to learn what I needed. (I am a quick learner, but don't like to learn the hardway) Again, my questions are more of a what if scenario, perhaps a scenario I should have understood a while ago. My fault for believing people are going to be as good to me as I am to them. Not true, Lesson learned!

Re: Month to Month Lease, is it easier to evict? by Eric (CA) on November 30, 2007 @18:08	[ Reply ]

1. The tenant is current on rent at this time, I am preparing myself in case I need to evict for non-payment 2. John with the City of Brentwood stated there were no eviction controls he stated "We consider it a private matter." 3. I wanted to have atleast 60 days notice if she was going to move out. I don't know exactly what the agreement states because I am not looking at it right now. 4. I have a MTM rental agreement 5. I wanted to ensure I was given a 60 day notice. Rookie mistake? 6. Asking about eviction so I can fully prepare myself for the worst case scenario. I am a professional hacker (www.coretechsg.com) not a professional landlord...perhaps I took it too lightly. Thanks again for your insight.

Re: Month to Month Lease, is it easier to evict? by Terry (ca) on November 30, 2007 @20:42	[ Reply ]

You cannot in CA require the tenant give more notice than state law requires (30 days) UNLESS it is law in your local juristiction.

Re: Month to Month Lease, is it easier to evict?

Re: Month to Month Lease, is it easier to evict? - Landlord Forum thread 147936