Legally terminating a month to month lease
Hello, I am a landlord of a single family home on the East side. Our current tenants are on a month on month lease after their 12 month lease expired in Nov 2023. Two weeks back I sent them a communication about our intent to renew the annual lease at a higher rent that matches the current market rate starting 60 days after the note. I haven’t heard from them despite 2 subsequent reminders. What are my options at this point as a landlord? If I want to terminate the lease what is the legal process for doing so?
Thank you for your guidance in advance!
-Jay
#4 All Forums Contributor
The rules vary locally. Your best option is to look up a government website that shows you the rules for your area as well as consult your lease. Here's a link to Seattle. Apparently tenants can give a minimum of 20 days' notice. If your lease says 30 days, then you need to follow that. This site says landlords need to give 60-90 days' notice of renewal and tenants have 30 days to respond. If they haven't responded in 30 days, I'd post a note saying as they have not replied within the required time, then they need to vacate the premises within X days (at least 30 days).
Termination/renewals conditions are usually spelled out in the lease itself. You should also ask an attorney to take a look at the lease and advise on the process to make sure you do it completely legally.
Here in PA, month to month leases can be terminated by either party with 30 days notice. We require the notice in writing and must terminate before the first of the month, no mid month terminations.
Quote from @Jay Dave:
Any time you require a response, set a deadline and have a consequence if they fail. When I give tenants an offer for renewal, they have X days to respond. If they do not respond, I either terminate their lease or I let them continue on a month-to-month basis with a 25% increase.
At this point, I would send them notice of non-renewal and look for new renters willing to pay market rate and communicate.
@Nathan Gesner Great tip on the month-to-month basis with a 25% increase. I think I may have to take that going forward! At the moment we have a tenant who is being quite difficult... communication completely eradicated. It's truly difficult being in these scenarios @Jay Dave keep us updated!
@Jay Dave How much are you increasing the rent? We only increased our rents about $25 per month (about 3%). Don't scare away great tenants. Hopefully the tenants reached out to you by now. Keep us updated.
Thank you all! Really helpful tips. I will send an update on the progress.
Quote from @Adam M.:
At the moment we have a tenant who is being quite difficult... communication completely eradicated. It's truly difficult being in these scenarios @Jay Dave keep us updated!
That's another tip. My lease states failure to maintain communication with me is a lease violation and may be grounds for termination. If they don't respond to calls, texts, or emails, then I post a written notice to their door and charge them a Notice Fee. That notice includes a penalty if they still fail to respond by my deadline.
Tenants that don't communicate are considered hostile and I don't tolerate them.
@Nathan Gesner Nathan, you are in a different dimension. I am wowwed! Just curious what does the written notice say? Failure to communicate by this date will have consequences? Also how much is the notice fee? I think we will need to do this sadly..
Quote from @Adam M.:
@Nathan Gesner Nathan, you are in a different dimension. I am wowwed! Just curious what does the written notice say? Failure to communicate by this date will have consequences? Also how much is the notice fee? I think we will need to do this sadly..
Well, I can't give away all my secrets! I hope to have my book published this summer and it will include all these great tips and more!
Quote from @Nathan Gesner:
Quote from @Adam M.:
@Nathan Gesner Nathan, you are in a different dimension. I am wowwed! Just curious what does the written notice say? Failure to communicate by this date will have consequences? Also how much is the notice fee? I think we will need to do this sadly..
Well, I can't give away all my secrets! I hope to have my book published this summer and it will include all these great tips and more!
@Nathan Gesner Haha, fair enough! Looking forward to pre-ordering sir Nathan!
Once you start renting, you can't get out. You cannot terminate a month to month in Seattle without just cause. Lease renewal is mandatory. The only way out is if you gave notice of a rent increase (6 months notice), and they don't pay it, you would start eviction procedure for non payment(if they don't have kids in school). Welcome to Seattle. In some jurisdictions there is a procedure in the 1st term of a lease(ONLY), you must give 60 days notice before end of your desire to quit. This may have changed, you might investigate that. My advice is to get out of Seattle. Last years' exodus was 11,000 mom and pops. Good luck Jay.
Henry, that is not quite true, but I will not go into Seattle vs. everywhere else. Per the WA Dept of Commerce website: https://www.commerce.wa.gov/wp-content/uploads/2016/12/2012-... (page 15)
"If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (the day before a rental payment is due). Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way. If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law. If a tenant refuses to move: For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law (RCW 59.12.040). The landlord’s options include personal service, service by mail, and service by posting notice in a prominent place on the premises. See the statute to ensure strict compliance. If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must then go to court to begin what is called an “unlawful detainer” action. "
Jay, since they have gone past the end of the lease and you have continued to accept rent they are now Month-to-Month under the law and not under a term lease. You have already given them notice of the rent change and requirement for a new lease you are free to give a 20-day notice that they are to leave (see the timing required - you have about 6 days left). Hopefully they either ask to sign the new lease (if you want) or leave. Otherwise you are down the eviction road.
Quote from @David Bennett:
Henry, that is not quite true, but I will not go into Seattle vs. everywhere else. Per the WA Dept of Commerce website: https://www.commerce.wa.gov/wp-content/uploads/2016/12/2012-... (page 15)
"If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (the day before a rental payment is due). Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way. If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law. If a tenant refuses to move: For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law (RCW 59.12.040). The landlord’s options include personal service, service by mail, and service by posting notice in a prominent place on the premises. See the statute to ensure strict compliance. If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must then go to court to begin what is called an “unlawful detainer” action. "
Jay, since they have gone past the end of the lease and you have continued to accept rent they are now Month-to-Month under the law and not under a term lease. You have already given them notice of the rent change and requirement for a new lease you are free to give a 20-day notice that they are to leave (see the timing required - you have about 6 days left). Hopefully they either ask to sign the new lease (if you want) or leave. Otherwise you are down the eviction road.
Cute. Well David, I'm afraid you do have to go into Seattle vs Everywhere else. The op is of Seattle, and every little surrounding city has adopted their own set of rental laws(many following and based on Seattle, Portland, Tacoma, etc. and if you're only paying attention to what the attorney general is saying you'll find yourself screwed. There may be an unincorporated city of 20 people somewhere in WA that strictly follows the state attorney gen guidlines but that's not the case for most of the population here.
Quote from @Henry T.:
Quote from @David Bennett:
Henry, that is not quite true, but I will not go into Seattle vs. everywhere else. Per the WA Dept of Commerce website: https://www.commerce.wa.gov/wp-content/uploads/2016/12/2012-... (page 15)
"If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (the day before a rental payment is due). Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way. If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law. If a tenant refuses to move: For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law (RCW 59.12.040). The landlord’s options include personal service, service by mail, and service by posting notice in a prominent place on the premises. See the statute to ensure strict compliance. If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must then go to court to begin what is called an “unlawful detainer” action. "
Jay, since they have gone past the end of the lease and you have continued to accept rent they are now Month-to-Month under the law and not under a term lease. You have already given them notice of the rent change and requirement for a new lease you are free to give a 20-day notice that they are to leave (see the timing required - you have about 6 days left). Hopefully they either ask to sign the new lease (if you want) or leave. Otherwise you are down the eviction road.
Cute. Well David, I'm afraid you do have to go into Seattle vs Everywhere else. The op is of Seattle, and every little surrounding city has adopted their own set of rental laws(many following and based on Seattle, Portland, Tacoma, etc. and if you're only paying attention to what the attorney general is saying you'll find yourself screwed. There may be an unincorporated city of 20 people somewhere in WA that strictly follows the state attorney gen guidlines but that's not the case for most of the population here.
Henry, the OP said east side. Meaning Bellevue, etc. If I am incorrect then Jay can correct me. But though in King County, it is not subject to Seattle rules. I will look those up for you. And while it is more difficult to terminate a M2M, it is not impossible.
Henry - RE: Seattle: So lets assume instead of the east side, the property is in Seattle. Jay wanted to raise the rent, but did not seem to want to remove the tenant so long as they agree to the new rent. First, as I previously mentioned, if a tenant stays beyond the expiration of the lease, and the landlord accepts the next month’s rent, the tenant then is assumed to be renting under a month-to-month agreement. That puts Jay in a M2M situation. Which, in Seattle, is a bad situation.
For Month-to-Month Agreements, if the landlord wants to change the provisions of a month-to-month rental agreement, such as raising the rent or changing rules, the tenant must be given at least 30 days notice in writing elsewhere in the state. (Less notice is not allowed under the law.) As of November 8, 2021 the landlord must give written notice a minimum of 180 days prior to a housing cost increase in Seattle. These changes can only become effective at the beginning of a rental period (the day the rent is due). Write your state legislator to keep the rest of the state from emulating Seattle. My advise is to go with 9.99% to go to the max.
But what Jay should do, at this point would be to make sure he has given the proper notice (in Seattle). Then diligently track payment. Yes, he can't then remove them because they will not sign a long-term lease. But he can enforce the lease strictly to get a "just" cause, should it exist.
- Late rent: you give a 14 day notice to pay or vacate and they fail fail to comply. Only one dollar short is enough.
- "Habitual failure": you issue 4 or more 14 day pay or vacate notices in the most recent 12 month period for late rent.
- Violation of the rental agreement: They receive a 10 day notice to comply with the rules of your rental agreement or vacate and they fail to comply.
- "Habitual failure": they receive 3 or more 10 day notices to comply or vacate in the most recent 12 month period for failure to comply with the rules of the rental agreement.
Pay attention to the date rent is due on the rental agreement. Rent is usually due on the first of the month. It's common to see late fees assessed on the third or fifth day. This does not mean the tenant get a "grace period" which is a common misconception some renters have. It just means they can't be charged a late fee until then. You can issue a 14 day notice any time after midnight of the day the rent is due.
The short answer for the future, is to get your tenant on a long-term lease with NO conversion to M2M. Whatever you do, do not accept rent for a period not under the lease.
Oh, and it is the cities of Auburn, Burien, Federal Way, Kenmore, SeaTac, Seattle, and King County (unincorporated) that must have a just cause for nonrenewal of fixed term lease. Everywhere else in WA does not require just cause and can issue a no cause notice of non-renewal.
Quote from @David Bennett:
Quote from @Henry T.:
Quote from @David Bennett:
Henry, that is not quite true, but I will not go into Seattle vs. everywhere else. Per the WA Dept of Commerce website: https://www.commerce.wa.gov/wp-content/uploads/2016/12/2012-... (page 15)
"If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (the day before a rental payment is due). Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way. If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law. If a tenant refuses to move: For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law (RCW 59.12.040). The landlord’s options include personal service, service by mail, and service by posting notice in a prominent place on the premises. See the statute to ensure strict compliance. If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must then go to court to begin what is called an “unlawful detainer” action. "
Jay, since they have gone past the end of the lease and you have continued to accept rent they are now Month-to-Month under the law and not under a term lease. You have already given them notice of the rent change and requirement for a new lease you are free to give a 20-day notice that they are to leave (see the timing required - you have about 6 days left). Hopefully they either ask to sign the new lease (if you want) or leave. Otherwise you are down the eviction road.
Cute. Well David, I'm afraid you do have to go into Seattle vs Everywhere else. The op is of Seattle, and every little surrounding city has adopted their own set of rental laws(many following and based on Seattle, Portland, Tacoma, etc. and if you're only paying attention to what the attorney general is saying you'll find yourself screwed. There may be an unincorporated city of 20 people somewhere in WA that strictly follows the state attorney gen guidlines but that's not the case for most of the population here.
Henry, the OP said east side. Meaning Bellevue, etc. If I am incorrect then Jay can correct me. But though in King County, it is not subject to Seattle rules. I will look those up for you. And while it is more difficult to terminate a M2M, it is not impossible.
If he's in Bellevue(or his renter is) then he's probably ok. One of the only large cities that hasn't caved. Too many Billionaires there to mess with? I don't even see an official Bellevue landlord/tenant act booklet. That's a good sign. Whereas most adjoining cities as you mentioned have gotten almost as bad as Seattle, minus 1st in, unlimited occupants, and a few other things. I don't want to get too far off and hijack this thread. But it appears yes, he may be under state rules for the most part. That's good and a relief I'm sure.
@Jay Dave if you are not already, I strongly encourage you to join RHAWA (The Rental Housing Assoc of WA) and/or have a good attorney on standby. If you're going to be a landlord in WA, you need one or both. RHAWA is a fantastic organization that is there for landlords and fighting for landlords rights in WA. There has been good comments posted here but I don't recommend seeking legal advice (especially in WA) on internet forums. Best wishes on your rental situation.