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 @18:08

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.

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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? by Eric (CA) on November 30, 2007 @22:21

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OK so that part of my Month to Month Rental Agreement will not stand up in court. That actually is better for me anyway.

The agreement reads:
The term hereof is Month to Month until the last day of landlor or tenants 60 day notice to vacate, at which time this agreement is terminated.

Should I make that correction to the Rental Agreement have her resign?

With regard to Late fees:
In the event rent is not paid by the 5th day after due date. Tenant agrees to pay a late charge of $12.50/day.

So the rent is due on the 1st, if not paid by the 1st, it is late and then late charges begin on the 6th. Is this correct? (I believe that is what you were telling me eariler.) Basically the grace period is for late fees only, not for when rent is due.