Investor · Tampa, FL · Member since 2015 · 103 posts · 29 votes
Hi, I recently purchased a triplex that had month to month tenants. There is a particular tenant that I predict will be late / not pay. As of right now, I have nothing signed with these people, how will the eviction process change from a normal lease situation? meaning... when evicting a leased tenant, there is explicit writing that must be followed such as after 3 days late they will receive a notice, and owe $40 extra etc... but with a month to month and no signed lease nothing is specified. So then how does one know which protocol to follow? If someone is m2m is there some type of "default" procedure that is considered standard for the county? If that is the case how would I find out what these standards are? Since I have nothing signed with these people should I have at a minimum some type of month to month document signed?
Rental Property Investor · Oconomowoc, WI · Member since 2016 · 996 posts · 431 votes
9y
In most states as long a legally binding lease is in place with a prior company or owner you should be ok. But you are bound to honor the terms of the lease in place despite what your policy and procedures may be. This way a lot of owners prefer to new leases upon take over.
But no, a tenant being month to month versus on a fixed lease shouldn't affect the legal eviction process. Although you maybe able to issue a non renewal and most states and maybe avoid the court system.