Refresh My Knowledge
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Refresh My Knowledge (by CTGF [CT]) Apr 27, 2008 2:11 PM
       Refresh My Knowledge (by OrEGone [OR]) Apr 27, 2008 3:17 PM
       Refresh My Knowledge (by James [MA]) Apr 27, 2008 3:35 PM
       Refresh My Knowledge (by sr [WI]) Apr 27, 2008 4:14 PM
       Refresh My Knowledge (by CTGF [CT]) Apr 27, 2008 7:25 PM
       Refresh My Knowledge (by OrEGone [OR]) Apr 27, 2008 8:19 PM
       Refresh My Knowledge (by CTGF [CT]) Apr 27, 2008 8:27 PM
       Refresh My Knowledge (by CTGF [CT]) Apr 27, 2008 8:27 PM
       Refresh My Knowledge (by OrEGone [OR]) Apr 27, 2008 8:31 PM
       Refresh My Knowledge (by Josh [CA]) Apr 28, 2008 3:56 AM
       Refresh My Knowledge (by Virden [OH]) Apr 28, 2008 7:23 AM
       Refresh My Knowledge (by Treese [CT]) Apr 28, 2008 4:13 PM
       Refresh My Knowledge (by CTGF [CT]) Apr 28, 2008 7:09 PM


Refresh My Knowledge (by CTGF [CT]) Posted on: Apr 27, 2008 2:11 PM
Message:

State Specific Question About: CONNECTICUT (CT)

Proceeding with ending M2M Rental Agreement with our tenant (and new and unauthorized, smoking bride). Do we first give written notice of non renewal of month to month (or end of agreement, how should we even be wording this) and do we have to wait the 30 days to see if they move before handing over the eviction notice? Or can we say "sorry, ending agreement as of here's the eviction paperwork. While I dont want to encourage vindictiveness, this guy has not really respected any other parts of the agreement why should I expect him to move out by the alloted date?

Any suggestions/commments? I want him O-U-T! (along with his new unauthorized, smoking (and I don't mean hot) yelling bride!) Thanks in advance. --70.134.xxx.xxx




Refresh My Knowledge (by OrEGone [OR]) Posted on: Apr 27, 2008 3:17 PM
Message:

You give 30 day notice. When they don't move at the end of the 30 days. You file eviction in court.

I've never heard of handing tenants eviction paperwork. The sheriff does that.

You need to bone up on what your state laws are. --24.21.xx.xx




Refresh My Knowledge (by James [MA]) Posted on: Apr 27, 2008 3:35 PM
Message:

Serve the notice to quit per your state's laws. If they don't move, then you file for the eviction. --70.19.xxx.xxx




Refresh My Knowledge (by sr [WI]) Posted on: Apr 27, 2008 4:14 PM
Message:

here, i've just given 30 day notice of non-renewal... luckily -- they've always moved.

good luck!

sr --71.82.xxx.xxx




Refresh My Knowledge (by CTGF [CT]) Posted on: Apr 27, 2008 7:25 PM
Message:

I need to bone up on my state laws??? Dude, I"m asking for advice not sarcasim. My last eviction was 9 yrs ago and I'm sorry I do not recall how exactly I did it but I do know I had the tenants out in 37 days. I'm heading to the courthouse tomorrow but thought I'd continue to ask opinions here and for the most part, the advice is very appreciated. Thanks. --70.134.xxx.xxx




Refresh My Knowledge (by OrEGone [OR]) Posted on: Apr 27, 2008 8:19 PM
Message:

I just don't want to give you bad advice for your state. But logic and our state laws (and any state I've ever heard of) you give 30 day notice to move and then wait the thirty days. Eviction is what a judge orders. --24.21.xx.xx




Refresh My Knowledge (by CTGF [CT]) Posted on: Apr 27, 2008 8:27 PM
Message:

yes you are correct. but for the judge to order the eviction paperwork must be filled out and filed. My question was and is, can I file that paperwork, say, at the same time I give the tenant notification of the agreement ending and his move out date OR must I wait til the moveout date passes and he is still in the unit before I can file said paperwork?? I am assuming the worse w/this tenant and should things go smoothly, I'll consider it a huge plus. --70.134.xxx.xxx




Refresh My Knowledge (by CTGF [CT]) Posted on: Apr 27, 2008 8:27 PM
Message:

yes you are correct. but for the judge to order the eviction paperwork must be filled out and filed. My question was and is, can I file that paperwork, say, at the same time I give the tenant notification of the agreement ending and his move out date OR must I wait til the moveout date passes and he is still in the unit before I can file said paperwork?? I am assuming the worse w/this tenant and should things go smoothly, I'll consider it a huge plus. --70.134.xxx.xxx




Refresh My Knowledge (by OrEGone [OR]) Posted on: Apr 27, 2008 8:31 PM
Message:

I'd say you can file the paperwork on the 31st day after your notice to the tenant. You could fill it out years ahead. Just that it's gonna sit on your desk all that time. --24.21.xx.xx




Refresh My Knowledge (by Josh [CA]) Posted on: Apr 28, 2008 3:56 AM
Message:

You wrote:

"Do we first give written notice of non renewal of month to month (or end of agreement, how should we even be wording this)"

You are mixing up ending a lease term with a M2M. You don't renew a month to month.

If you wanted this to happen faster why didn't you give them a 30 day notice last month?

"and do we have to wait the 30 days to see if they move before handing over the eviction notice?"

You give them a standard 30 day notice to terminate tenancy.

You do not and cannot legally "FILE" for eviction until/unless they do something to be evicted for. You can't legally file for eviction because you think they will not be gone in 30 days.

I agree with OrEGonE you need to brush up on your state LL/TT laws. While you are doing that

I suggest you get some teeth in enforcing your rental agreement. When you told this tenant months ago NO about the roommate/fiancee you mean NO. You could of dealt with this sitch months ago.

--71.118.x.xx




Refresh My Knowledge (by Virden [OH]) Posted on: Apr 28, 2008 7:23 AM
Message:

I would send the soft 30 day notice, certified mail - ask for pre-move inspection to help security deposit - be nice, later at inspection if you get it ask forwarding address so you can mail check after they have left. If you get nothing you still have to wait and see if they want another by paying rent in timely manner, if you get no rent you proceed with pay-or-quit certified, depends on your local/state, if nothing you file eviction and let the agents of the court proceed. Get a new set of locks ready as you will always change them around from door2door as tenants go away. --99.161.xxx.xx




Refresh My Knowledge (by Treese [CT]) Posted on: Apr 28, 2008 4:13 PM
Message:

In CT, you would issue a 30 day (one full rental period) termination notice.

At least 3 days prior to the termination date (generally the 27th of the month), you can have them served with a Notice to Quit for Termination of tenancy/Lapse of time.

This way you can file for eviction on the the day after the termination date if they have not vacated.

I mention in the termination notice that a Notice to Quit will be served prior to the termination date and that an eviction will be filed if they have not vacated by the termination date. This way the tenants expect the Notice to Quit and know that I am ready and willing to begin the eviction process if they do not comply.

--76.230.xxx.xx




Refresh My Knowledge (by CTGF [CT]) Posted on: Apr 28, 2008 7:09 PM
Message:

You are right, should have.

I want to do things correctly and many times I am simply able to send a quick, late night email with my question and I know I will get at least 2 or 3 answers before morning. Many times this not only puts me at ease as I always second guess myself but I save the responses and usually file them as my own personal documentation.

Ideally having the tenants out by end of May would have been our best option but in reality based on the way this tenant has already disrespected the rules we felt we'd be in definate path of destructive and vindictive tenant. We will be out of state at the end of May and did not want to risk anything. There are too many variables in my personal life right now that disallow me to have done anything or expect anything prior to June 19th. As of right now his move out letter is dated May 1st with the understanding he has until the end of that rental period to leave, which is June 19th. My question was answered and I will have paperwork ready to file for June 20th.

Once again, I appreciate the responses from everyone, I do have a copy of the landlord/tenants rights book from court but its a whole lot easier to ask the question here and not only get a simplified translation, but a lot of different input from other (seasoned) Landlords. And who knows, maybe they'll be glad to leave on their own...I have only had to evict 2 tenants in my history as a landlord (since 1992) the other 1 I wanted out left on her own accord. Otherwise I have been very successful in choosing and keeping tenants. But not this time =( --205.188.xxx.xxx





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