Terminating Month to Month Lease...any tips?

Question

I am terminating one of our tenants lease at the end of September and just wanted to see if there were any suggestions/tips members might have…both to make sure the process is correctly followed and also to keep any hostility/animosity from the tenant to a minimum.

If you are interested here is the background…Tenants A and B signed month to month lease April, 2012, they turn out to not be greatest tenants e.g. paid late 4/5 months (did pay though and $120 extra in late fees so not the worst), smoke in the apt. (lease states no smoking), tenant B moved out and tenant A seems to have replaced her w/ a tenant C (this was a bit sketchy we told them they needed to sign new lease blah blah blah they claim there was no change of tenancy blah blah drama drama blah blah) tenant C seems to have a dog that she brings with her for her “visits” and a few other instances of BS lying and whatnot…anyway, I just mailed a letter of termination of lease (uploaded to FilePlace @http://www.biggerpockets.com/files/user/Jonathan_S/file/termination-notice ) with delivery confirmation through USPS and will be hand delivering one tomorrow as well.

I didn’t find to much on the topic in my searches so thought I would see what people thoughts/experiences are.  Basically, my biggest concern is that they are not going to pay September’s rent once they get the notice…I wouldn’t bother with additional cost of eviction for nonpayment, if they don’t move out on time that’s another story…

Emilio Ramirez · Answer

In the state of wisconsin the minimum number of days required to give notice is 28. This allows me as a landlord to collect rent on the 1st and give notice after collecting rent. Doesn't help in your situation since you've already given notice, but might want to check into this for future situations. You need to tell them firmly what they did wrong and when they need to be out.

If they have a dog on the premises, tell them they are in breach of the rental agreement and you will be checking the property daily. Tell them, If you find a dog you will immediately call animal control to remove it. Follow through.

If the agreement says no smoking and they are smoking, you have to enforce it. Send scary letters and charge them for it. This should be written into the agreement. These charges should be deductible from the security deposit, if your state allows it.

If tenant doesn't pay rent then start eviction process. Don't wait to see if they move out. The posting itself may be enough to scare them into paying rent or at least leaving. Explain to them how difficult it will be to rent a future property with an eviction judgment on their record.

Jon Holdman · Answer

OP has started a new thread with the new question.

Jonathan Sowinski · Answer

Great advise/comments so far, thanks.

So the situation has now slightly changed and would hope to get more advice…

As I mentioned above it looks like the tenants are moving out however this has not been confirmed by them as I am unable to reach either of the tenants (A or B) ones voice mail (A) says that her phone is broke and she is replying to messages as she can, the other (B , who moved already moved out) I suspect does not care does not ansure.

I walked through the unit yesterday and there are still some minor things that remain including a computer and storage bins, pile of tenant B’s mail (looks like all the utilities were in her name (every single light was on too WTF?)) and random piles of trash typical of people of this character.  I know that technically they are still considered tenants, but I so badly wanted to clean the place and begin to fix the thousands of nail holes in order to re-rent the unit ASAP.

I left a message for them both stating that they are still considered tenants and owe rent for Sept. as we did not get a formal 30 day move-out notice (I am taking a wild guess but I don’t expect that their check is in the mail), and that if they call back with their situation and move out ASAP we may be able to work out a deal, pro-rate or something, but either way we need to know the situation.

Any suggestions as to how I can legally get them out ASAP, or way to safely clean up the place without having the liability of touching any of their remaining items?

Deborah Mettler · Answer

Same here, our rental agreements state month-to-month tenancy.  Either party can give 30-day notice (SC).  I always send our 30-Day Notice To Vacate by certified mail with return receipt.  If the tenant fails to move out within 30 days from the dated receipt of the notice, I then have to file eviction.

Even though our rental agreement states the security deposit is forfeited if tenant didn't comply with 30-day notice, I still have to deduct all costs from the security deposit, including the amount of rent not paid....within 30 days from the date the unit was vacated along with an itemized letter stating such.

Melissa W · Answer

I do mostly month to month leases, and one thing I've found when terminating leases the tenants frequently think I'm trying to do an illegal eviction.  So I make sure they know it's not an eviction, but that in a month to month lease each side can end the lease with 30 days notice, and that is what we are doing.

Jonathan Sowinski · Answer

Shanequa J. As per our lawyer it is legal…I also itemized a list of repairs/remediation for my own kicks (odor removal, patch and pain holes in walls, scratches in floor from dog…) they have $8.89 left according to that.

Either way...big development!!!

I stopped buy the building last night to drop off some material and thought something looked different about their unit…peeked in a window, it looks like they knew want was coming or were planning on moving out anyway or they responded to our letter with lighting speed b/c 95% of their stuff was out of the unit…probably not going to see September’s rent.

Just have to confirm they moved out and wont be paying for Sept. and we will have the place rented by next week with slightly higher rent (we had another unit that that we were showing available Oct. 1 and have a list of interested people looking to move immediately) funny how things work sometimes.

Emilio Ramirez · Answer

hmm.... how does that notify thing work again?

Emilio Ramirez · Answer

@Scott W. That's a tough spot, but exactly what Steve said. I'm fairly decent on the pro se side so I have no problem running the eviction paper work myself, so that's what I would do. Start the eviction paper work. Again you put yourself in a position to collect double rent and charges against security deposit. The threat of eviction is very powerful to most. Just like you make your money when you buy, if you do a good job screening tenants you make your life easier.

I had one tenant who pulled this on me and my fear was that she would not move out. I started the eviction process and she pleaded with me to be reasonable. I got her out early, but didn't bother with the filing in actual court. Gotta pick your battles and most on here will tell you going through the whole process and trying to collect isn't worth your time.

I've also started collecting month and a half for security deposits.

@Shanequa J. I would imagine this varies by state. In wisconsin, that is exactly one of the few things you can keep the deposit for without having special charges identified in your agreement.

Shanequa J. · Answer

Jonathan Sowinski Is it legal to keep the security deposit just for breaching the contract?

Steve Babiak · Answer

Give them notice to quit since they did not pay rent on time, and file for eviction; you can tell them with the notice to quit that the next step is an eviction filing that they wouldn't want on their tenant record.

Terminating Month to Month Lease...any tips?

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