can i move back to an old apartment?

Question

i am a landlord.i rented out my apartment in oct.i want to move back into it,as i am not satisfied with my relocation.is it legal to do and how much of a notice do i need to give the tenants if it is a month to month rental agreement? it is not in the rental agreement
for this(not in print) and the tenants have done nothing to jepardize
the agreement. thank you

Answer 1

The law varies from state to state.

In New Jersey the owner of a one-, two- or three-family house or three condominium units or less seeks to either occupy the unit or sell the unit to somebody who seeks to personally occupy it can evict on 30 days notice..

In California when a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

In Florida, Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

You must search your state's residential landlord/tenant laws to see what your options are, but for the most part I think you will find that your state recognizes (1) month-to-month rental agreements are just that: 1-month agreements, renewable by mutual consent, and (2) when any rental agreement expires, renewal must also be of mutual consent. If you don't consent, you give the tenants the notice required by your state (more if you feel like it) and if they refuse to leave you file for eviction.

NOTE: Once the advance notice expires, you must NOT accept any more rent from them; that constitutes your consent to their remaining. Hold onto but do NOT cash or deposit the checks; when they leave you can return to them the portion they paid but did not use.

Answer 2

Hi Karen,

most landlords will have a properly constructed contract which spells out clearly the amount of notice need by either party to cancel the agreement. If your contract doesn't you should sue the person who drew it up for you. (unless it was yourself, of course)

However, where there is nothing written, the end result will be determined by the nature of your tenants. Obviously, if you wish to cancel the agreement then you are entitled to cancel it, but your tenants have some rights, too,

I would suggest you speak to them and ask them if they would look for another apartment. If they are willing to do this then you will have no problem...they'll find another place, and you can move back in yours.

If they have done nothing wrong, as you claim, then they MAY feel aggreived at you asking them to move out and COULD simply stay there, paying the rent and causing you to have to sue them to get hold of your apartment again.

These people, though, sound like good tenants and will probably agree to move if you explain to them you need your apartment back. Offer then a very good recommendation letter as satisfactory tenants. It may ease your way (and theirs)

Next time get hold of an effective contract...one that doesn't specify length of notice time required is really not worth the paper it's printed on, is it? It's the same as not having the amount of rent printed

Good luck,

BobSpain

Answer 3

The laws differ in different states on tenant/landlord so you'll need to find out first of all, what your rights are.

You will likely have to give your tenant an eviction notice and that could take several months.

Your best bet is probably to talk to your tenant and see if they are willing to move. It would save you all the legal hassle.

Answer 4

I think you still have to give them a 30 day notice. But you would need to give them a reason. Telling them you just want to move in there really wouldn't be a great reason for them and they may just fight you on it.
If you're friends with them, you can sit down with them and explain your situation, and give them plenty of time to find a new place. If anyway possible i would leave the legal side out of it, just because it will end up being more headaches than you would want. not to mention you'll lose their friendship. try to solve it between the both of you.

Answer 5

where i live it is 60 days. ... (so may1/07 cause feb. is almost over)

they have not lived there long either....(5months)

i would give them some breaks...moving is expensive and time consuming...finding a new home is also stressfull

give them a few breaks..and phone them........and ask them........

they will probably leave on good terms and the place nice.......

i havn't had to pay to have someone leave..........but heard of it..
moving trucks..cost $100-500 ...kids changing schools..........

try giving them a break and see what they need..

Answer 6

It seems unethical to me. What about their feelings? They may be very happy and through no fault of their own, still on the street. I agree, talk to them but do not force this on them.

Answer 7

discuss your problem with your tenant and win them over.law should be the last resort.