evicting a month to month roommate (apartments, lease agreement, tenant, eviction)
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I own a townhome and rent out a room. The current roommate signed a lease agreement for a month to month lease. The lease is a generic form adapted from a standard fixed term lease, therefore I don't think it is legal as a month to month. For example it doesn't state when I the landlord need to give the tenant notice to leave. Also, it states the terms are month to month, but the beginning and end dates are a year (so a new lease doesn't need to be signed every month). So, do I actually have a lease agreement? and is it month to month? If it is legal as a fixed term lease (1 year) I believe I can evict under the premise that the roommate made alterations to the room without my WRITTEN consent. Right?
Only if the alterations are mentioned in the lease you have. If the lease states it is month to month, there should be a clause that states how much notice each of you has to give to end the lease. I would think if it states month to month, then you can evict with a standard 30 day notice.
Check your state's landlord/tenant laws as some require a 30 day notice on a month to month and some require 60. Yes, you have a month to month lease agreement and giving a tenant the required notice to leave is not an eviction. An eviction is a legal process through the court system in circumstances where, basically, a tenant refuses to leave.
On a month to month, leases still need to have specific clauses (alteration to the premises), without the clauses, there's no breach of contract, in other words you can't take the tenant to small claims court to recover for damages.
I have a roommate. That won't leave my apartments.
You should start your own thread on this.
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