Although a landlord needs only to give a tenant 30 days' written notice to end a tenancy in most cases, some state and local governments require that landlords show cause for terminating the rental agreement, according to Nolo. A tenancy with no lease usually constitutes a month-to-month rental agreement.Know More
In the typical month-to-month rental agreement with no written contract, the landlord and tenant both have the power to terminate the agreement by delivering a letter stating that intent to the other party with 30 days' notice, FindLaw notes. No reason or cause needs to be given, and the letter can be delivered at any time during the month. The tenancy ends 30 days later, even if that's not the day rent is due. Rent is typically prorated for the last month if the tenancy ends fewer than 30 days after the last rent payment.
State and local laws determine under what conditions a landlord must show cause before terminating a rental agreement, as well as the procedure for terminating. Often, the local laws apply to rent-stabilized properties. Landlords in these jurisdictions should familiarize themselves with these laws or consult an attorney before attempting to terminate the agreement. The landlord must also handle the tenant's security deposit as state or local laws mandate.Learn more about Real Estate
A landlord can evict a tenant by filing a suit called an unlawful or wrongful detainer in court, says the Law Library. The action or inaction of a landlord, such as refusing to provide heat, may constitute what is called a constructive eviction.Full Answer >
Find information and clauses regarding a landlord's right to evict a tenant on sites such as Nolo.com, PTLA.com, Landlord.com, FindLaw.com and Landlordology.com. Each state and county operates different tenant and property laws, so landlords should always check local housing authorities to ensure compliance with the appropriate rules and regulations.Full Answer >
According to the Landlord and Tenant Board in the state of California, if a tenant does not pay rent or fails to pay on time, the landlord may serve the tenant a notice to pay the rent they owe or to move out of the unit and eventually apply to the Tenant Board to evict the tenant. when the landlord and tenant agree to enter into a rental agreement, both parties will agree on when the rent is due, the amount of rent each month and how the rent will be paid.Full Answer >
To legally evict a tenant, a landlord must provide written notice, file a lawsuit if the tenant makes no effort to remedy the situation, provide just cause for the eviction and give the court judgment to a sheriff, according to Nolo. Eviction laws differ from state to state.Full Answer >