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Updated almost 6 years ago, 01/20/2019
Time to give walking papers
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?
Doesn't that depend on the state? Either of those should be sufficient though. I am not a lawyer but they both seem to get the point across clearly.
Thanks. I'm not sure if using the word "please" is asking them to leave vs telling them to leave. More comments please.
How you word your notice is up to you (and the rules you have to follow for where you live), but I would suggest expanding the wordage to set expectations more clearly.
For example: Dear <insert name>, Your lease (or rental agreement, or whatever) for <insert address> ends as of <insert date> and is not being renewed. Please vacate the premises with all of your belongings by that date. Leave the key <insert instructions>. We will return the unused portion of your damage and cleaning deposits after we inspect the premises and make whatever repairs are necessary. Please provide us your forwarding address so we will know where to mail the check. The management. <management's contact information>
Note: I'm not an attorney, nor do I have experience issuing these notices myself. But I have been on the receiving end of these types of notices (or was told what I needed to do when I was the one voting with my feet). I prefer to be provided with detailed instructions for what I need to do to make a clean break.
It doesn't really matter if you ask nicely "please" or not. Put the notice in writing- if you are on good terms with the tenant and are asking them to vacate for personal reasons, have them acknowledge and agree to the date in writing. If you aren't on good terms, send them a certified letter so you can prove they've received it.
You haven't been clear- are you evicting them, or asking them to leave at the end of a lease term? Totally different ways that you deal with those situations. I've described the end of a lease term above.
- Corby Goade
- Real Estate Broker
- Cody, WY
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I prefer to keep it factual and business-like, which means it won't include "Dear" or "Please" in the letter.
- Nathan Gesner
@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!
It's MTM. I bought the duplex last Aug. I gave 30+ days notice that rent would go up, Oct 1 by $75. He wasn't happy. It was at least $150 below. And I told him at that time that Jan.1 it will go up another $25. When I got the check for Jan. he didn't include the increase. I called him and he was PO'd at me and said he wasn't paying it. We talked a bit and he said he would pay. This past week he said he had to replace the garage door spring. He knew he was supposed to call me for everything. I told him I needed to see the old part, new part and receipt. He said he would email me a picture. I said no. I need to stop by and see it. I told him to call me when he gets out of work and I will stop by. He said ok. Less than an hour later he calls and he wants to forget about it, he didn't want to jump through all the hoops and it will be on him. He said he was trying to do me a favor so I wouldn't have to drive all that way to stop by. Keep in mind two weeks earlier he was all PO'd at me. There's a little more to it but he was planning on moving before all this so I would like him to move when it's convenient for me at the end of March rather than when it is for him which is who knows when. So I'm giving him 60+ days to move. The law requires 30 days with no reason. I'm just looking for ideas for the wording of the letter. Thank you all for your ideas. Keep em coming.
Keep it clear and cold. You don't want a court issue with Professional Tenants where your friendly eviction request is brought up as evidence, when the tenant states you weren't clear as a landlord.
I just go ahead and give them the notice that I’m taking my property back and I give them a specific day that they need to be out. I also state that the law says that or if they’re not out at that time then I must follow the evection process. I also state that there is nothing more than I would like to get their full deposit back as long as it is in the same shape as they perceived it that will occur