What is the proper/legal way to evict a tenant due to sale of the property? The tenant is on State disability benefits. Does this affect the...

Question

What is the proper/legal way to evict a tenant due to sale of the property? The tenant is on State disability benefits. Does this affect the eviction process? This is a tenancy at will, and the renter has mostly NOT paid rent. In 2012, partial rent was paid at an average of $300 per month. This is a lake-front property with 3 bedrooms and 1 bath. PLEASE HELP!

Answer

You need to file a 14 day notice to quit and a 30 day notice to quit.

The Tenant will be able to delay eviction if the Tenant brings their back rent current and will seek a delay in the eviction and can get up to a six month extension.

You need to make it clear that a sale is the reason for termination. One way to get the Tenant out is to offer to pay the Tenant conditioned upon them signing an agreement to surrender the tenancy for the home and moving out timely.

I suggest you speak with an attorney in your area for assistance.

Answer

Although I don't think that Attorney Roth's advice is wrong, my advice would be to send only one form of notice to quit. If you send a 14 day notice to quit, and then a 30 day notice to quit, there is some possibility that neither of them will be valid, but certainly the 14 day notice will not be valid.

Our office handles evictions efficiently on a fixed fee basis. If the eviction goes smoothly and is uncontested, we make the process very economical for landlords. If the tenant does contest the eviction, hourly rates apply.

You should send a 30 day/rental period notice to quit as soon as possible. Because it is November 30, 2013, and assuming that rent is paid on the 1st of each month, any notice purporting to terminate the tenancy prior to January 1 would be void.

The best advice is that - because some evictions can take time or be difficult - you want to start the eviction process the MOMENT you feel a desire to evict a tenant. Regardless of how long it ultimately takes, the sooner you start the sooner they will be out.

Answer

I will add further that a 14 day notice to quit for non-payment of rent would also work, and would get your tenants out sooner - unless they are willing to come up with all rent owed, which would stop the eviction.

If you are a landlord, you need to know a tenant-landlord lawyer. Even a minor mistake can cost you time and money.