Landlord Law


Your Online Legal Resource Center for Property Management

The Tenant Who Stayed Too Long

Evicting a month-to-month tenant

My wife owns a two-family home that her mother lived in and there is a tenant on the first floor who has a month-to-month lease. My mother-in-law passed away. We want the tenant (65) to move out so we can fix up, clean and paint the place so we can sell it. It has been four months now since we first gave her written certified notice to move out. She is in no hurry to move. Eldercare services have found two apartments for her, but she didn't like them. How can we get her to move?

Tenants with month to month leases can be terminated with the proper amount of notice, as long as your reasons are not illegal -- that is, you discriminate or retaliate while booting out the tenant. Only tenants in a couple New states -- New Jersey and New Hampshire -- and in some rent control cities enjoy "just cause" eviction protection. This rarity means that the landlord must have a legally recognized reason for terminating the tenancy. But even in these states or cities, your reasons would probably suffice.

So you may legally be entitled to evict. But as with most things in life, it is surely better to work out what you need without engaging in a messy legal battle. Continue to work with Eldercare to find suitable replacement digs for the tenant.

If all else fails, consider seeing an attorney, who might, at first gasp, be able to impress upon you tenant that while you are not personally mean, you do mean business.

A Message to Our Readers:
This article provides information and general advice about the law. But laws and procedures change frequently, and they can be interpreted differently by different people. For specific advice geared to your specific situation, consult an expert. No book, software or other published material is a substitute for personalized advice from a knowledgeable lawyer licensed to practice law in your state. Neither Property Automation Software Corporation nor Nolo shall be liable for any errors or inaccuracies in the content, or for any actions taken in reliance on the content.

Sponsored By: