Time to give walking papers

[Jim S.]

It's time to give one of my tenants his walking papers. Would you word it "Please vacate the property by xxx". Or " You have until xxx to vacate the property". Would either sentence be any different to a judge?

[Marcia Maynard]

@Jim S.  Follow the landlord-tenant law for your jurisdiction.  If you don't use proper legal notices and serve them correctly, then you will likely have difficulty if this goes to court.

What's the situation? What has been your communication with the tenant so far? Have you tried to save the tenancy? Is your plan to evict the tenant for "cause" or for "no cause"? Is the tenant on a month-to-month rental agreement or a long-term lease?  Is it a matter of non-renewal of a lease or termination?

Everything's negotiable. Open and honest communication is the best place to start.  Talk with the tenant about how the current situation isn't working out, so it's time to talk about a move-out plan.  If the tenant is involved in making some decisions regarding their move, it will go much smoother. Keep in mind that every move you make will elicit a counter move.  It's like a chess game and you need to anticipate what the tenant will do.  The tenant will be losing their home, so it's not a simple situation. Desperate people do desperate things, so don't back the tenant into a corner. Be fair and be firm. Remain professional at all times and pleasant too.

If you've exhausted your negotiation options and they don't move voluntarily, then it's time to serve a proper legal notice. You can also serve the legal notice concurrently when negotiating a move-out plan. The legal notice will have the best wording, so go with that.  Contact your local rental association or an attorney that specializes in landlord-tenant law for your jurisdiction to find the appropriate legal notice for your situation.

Good luck!