Do I need a reason to vacate tenants on a month-to-month lease?

Question

Hello BiggerPockets Family,

I purchased a duplex back in October in Allentown PA. I'm currently living in the one unit. I did not vacate tenants when I bought the property which was a huge mistake, but I'd like to vacate the tenants now!

I do not have a written lease with tenants only that rent is due on the 5th of the month. I've been reading up on PA law and it looks like I need to give a minimum 30-day written notice (both posted on unit door and certified mail with receipt). But do I have to actually give a reason to why I want to vacate them?

Thanks,

Frank

Brie Schmidt · Answer

@Frank Hock - No

Just deliver notice that you are not renewing. If they ask make up something that is not going to cause personal emotions ex. you are renovating the unit, your family member is moving in, ect

Frank Hock · Answer

@Jay Helms continuous noise violations and smoking. Previous landlord said they were "great" tenants. Not sure what planet he was living on.

Paul Bowers · Answer

@Frank Hock you mention that you don't have a written lease with them. Are you sure they don't have a written lease from the previous landlord that is still in effect? If so, that will completely change how this would get handled.

Dale T. · Answer

Nathan hit the nail on the head with his response. The only thing I would add is that your reason for terminating the lease is you want possession of your property.

Frank Hock · Answer

@Nathan G. thanks for the input. I'm drafting up a notice today. Need these tenants out!

Frank Hock · Answer

@Paul Bowers previous landlord did not have a lease with tenants. I believe tenants had been in unit for 6+ years. From what I gathered, previous landlord did not treat his landlording duties as a business and let everything slide.

Nathan Gesner · Answer

I would correct what @Brie Schmidt wrote. She said to "deliver notice that you are not renewing" but I recommend you give them a specific 30-day Notice to Terminate. That may be what she intended to say but I thought it was worth clarifying.

PA Law and Sample Forms

I don't recommend you lie or try to justify the termination. The reason is none of their business and you have a legal right to take possession after proper notice is given. Keep it short, professional, and specific like the sample document shows. Based on your description of the situation, I recommend the 30-day Notice.

Steve Vaughan · Answer

Some cities like Seattle require you to show cause even to terminate/ not renew a m-m agreement but it is rare.

Check your state landlord-tenant law to be sure. They are usually easy to find online.

Jay Helms · Answer

@Frank Hock - been there. What has caused you to want to vacate them now? I recently went through this and the turnover costs to get the property rent read for a new tenant was approx. $5,000. And the joy of a tenant who left called code enforcement...for issues she created. In my situation it was worth it, but unexpected.

Do I need a reason to vacate tenants on a month-to-month lease?

Do I need a reason to vacate tenants on a month-to-month lease?

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