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Old May 06, 2011, 12:44 AM
Love is like Pi: Irrational
ronmeister's Avatar
USA, ND, Grand Forks
Joined Jan 2005
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How long in advance should notice be given to have a tenant move out?

Hey all, I'm wondering how long you figure a tenant should be given in order to move out? I am selling my home and a tenant of mine is refusing to pay rent for the entire month because of being given one month of notice to move out. I will be handing the house over to the buyers June 1st.

I have given the tenant the pleasure of living on a month to month rent check with no contract, and I've given him ridiculous amounts of time to pay far into each month if he didn't have the money and I now feel like he is being irrational on this.


Thank you,
Ron
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Old May 06, 2011, 12:57 AM
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Old May 06, 2011, 01:25 AM
Fly Runaway Fans
United States, TX, Fort Worth
Joined Jan 2009
9,382 Posts
NO CONTRACT? None at all? Small claims court, and even then with nothing written it's he said/he said. That's kinda what contracts are for, to specify what happens when things happen like sales. Generally (not knowing your local laws) 30 days is adequate to get them out. If they're still there the sheriff will remove them as trespassers. But the last month's rent is going to end up in court if the person hasn't the ethics to pay what he owes without being forced.
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Old May 06, 2011, 04:38 AM
Love & a Molotov cocktail
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on a boat on the river cam
Joined Jan 2005
608 Posts
Change the lock today when he is out.
Tell him he gets in to his stuff when he pays up.
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Old May 06, 2011, 05:24 AM
Out of Time
United States, TX
Joined Jul 2003
1,092 Posts
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Originally Posted by Punkie View Post
Change the lock today when he is out.
Tell him he gets in to his stuff when he pays up.
It's not that easy. There are real "laws" that govern the relationship between a landlord and a renter, and they don't necessarily follow common sense rules.

If you violate any of those regulations, then you open yourself up to being sued, and very likely successfully in these days when landlords are considered to be included in the group of the "evil rich".
I was on a jury in a landlord/renter conflict once, and the renter's attorney painted a picture of the landlord as Satan that was pretty convincing. The issue was that the landlord locked out the renter for not paying rent for two months.
According to regulations at the time that were violated by the landlord, we gave a judgement to the renter.

Another sort of personal anecdote is that my brother-in-law has a duplex in Minneapolis, and it took almost 6 months to get a deadbeat renter out of the house, and even then, the renter trashed it before he left (and got away with it).
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Old May 06, 2011, 06:54 AM
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Oklahoma City OK USA Where fakts still exist even if they are ignored
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Looks like three day notice is legal in your state:

http://www.federalrealestate.net/laws/ndstatelaw.html
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Old May 06, 2011, 07:52 AM
Registered User
Akron/Canton, Ohio, United States
Joined Apr 2004
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Originally Posted by Majortomski View Post
Looks like three day notice is legal in your state:

http://www.federalrealestate.net/laws/ndstatelaw.html
Thats just the starting point. I would suggest a tactic that has worked for me in the past. Pay him to leave. Thats right, I said pay your Tennant to leave. Tell him that if he moves out by a certain date you will pay him $xxx. If you go through the regular legal process of eviction it could take months for you to actually get him out. The $$ you pay him could be far less than what it could cost for you to evict. Get it in writing this time!
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Old May 06, 2011, 08:05 AM
Trons and Fumes
wrightme's Avatar
Fallon, NV
Joined Mar 2007
5,034 Posts
Quote:
Originally Posted by ronmeister View Post
Hey all, I'm wondering how long you figure a tenant should be given in order to move out? I am selling my home and a tenant of mine is refusing to pay rent for the entire month because of being given one month of notice to move out. I will be handing the house over to the buyers June 1st.

I have given the tenant the pleasure of living on a month to month rent check with no contract, and I've given him ridiculous amounts of time to pay far into each month if he didn't have the money and I now feel like he is being irrational on this.


Thank you,
Ron
No contract?

My suggestion is to eat the money, let him leave, wash your hands of the matter.
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Old May 06, 2011, 08:13 AM
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Joined May 2004
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Originally Posted by Jon Shaw View Post
Thats just the starting point. I would suggest a tactic that has worked for me in the past. Pay him to leave. Thats right, I said pay your Tennant to leave. Tell him that if he moves out by a certain date you will pay him $xxx. If you go through the regular legal process of eviction it could take months for you to actually get him out. The $$ you pay him could be far less than what it could cost for you to evict. Get it in writing this time!

Outstanding advice. You not only want to be sure he is gone, but leaves it in good shape. With the building under contract, you want zero last minute problems.

-Steve
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Old May 06, 2011, 09:34 AM
Alarm Bells Continuing!
Big Foot 48's Avatar
Arizona
Joined Oct 2001
276 Posts
Your closing may be at risk if the house is not vacant, so I like the idea of offering him money to get out, say $200 if he's out a week before closing, and $50 less every day thereafter.
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Old May 06, 2011, 10:10 AM
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United States, CO, Aurora
Joined Sep 2007
683 Posts
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Originally Posted by Punkie View Post
Change the lock today when he is out.
Tell him he gets in to his stuff when he pays up.
^This is why asking for legal advice on a RC forum is a bad idea.
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Old May 06, 2011, 10:46 AM
LcJ
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United States, LA, Monroe
Joined Mar 2003
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Originally Posted by Big Foot 48 View Post
Your closing may be at risk if the house is not vacant, so I like the idea of offering him money to get out, say $200 if he's out a week before closing, and $50 less every day thereafter.
That sounds like a diplomatic offer!
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Old May 06, 2011, 10:51 AM
Who, ME?
dll932's Avatar
Euclid Ohio
Joined May 2005
303 Posts
Quote:
Originally Posted by Highflight View Post
It's not that easy. There are real "laws" that govern the relationship between a landlord and a renter, and they don't necessarily follow common sense rules.

If you violate any of those regulations, then you open yourself up to being sued, and very likely successfully in these days when landlords are considered to be included in the group of the "evil rich".
I was on a jury in a landlord/renter conflict once, and the renter's attorney painted a picture of the landlord as Satan that was pretty convincing. The issue was that the landlord locked out the renter for not paying rent for two months.
According to regulations at the time that were violated by the landlord, we gave a judgement to the renter.

Another sort of personal anecdote is that my brother-in-law has a duplex in Minneapolis, and it took almost 6 months to get a deadbeat renter out of the house, and even then, the renter trashed it before he left (and got away with it).
Real property law is some of the oldest there is (goes back to the Code of Hammurabi) and one had best follow it.
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