I am a lady in my 60's and many years ago I purchased a house next door to my house. It has been rented to a nice family for about 10 years. Now I want my best friend to move in next door to me because she is getting up in years and not in the best of health and I want to help take care of her. So I will be evicting the folks who live there. I am giving them 90 days notice instead of the 30 days most people give. I want them to be able to find a new home without rushing. My question is: Do I have to have a good reason to evict someone? Legally is it ok to evict someone just because you want the house for someone else? I don't like to use the word "evict" because that sounds like they have done something wrong and they haven't. I just want my friend to be near me. When her health is better perhaps she will need to help me too. Thank you for your thoughts.
2007-07-15 17:20:36 · 11 answers · asked by kingsley 6 in Business & Finance ➔ Renting & Real Estate
Their lease will end in 60 days, so I am giving them free rent for the additional 30 days so they can find another home.
2007-07-15 17:42:29 · update #1
Just thoughts...you own the property. You can with it whatever you choose. That said when you enter into a legal contract you must abide by the terms of that agreement. Instead of evict language take some from sports... you're not renewing the contract. Eviction would apply to your retaking the property as a result of needing to get the tenants out (for any number of reasons that focus on them). You are not doing that. You need the property for purposes other than rental income now and so you are not continuing to offer it for rent. You are being very generous with the 90 days. You could offer to give your tenants a letter of recommendation if they have always paid their bills on time and took exceptionally good care of the property. Any landlord loves to find good renters.
2007-07-15 17:29:49 · answer #1 · answered by CHos3n 5 · 1⤊ 0⤋
You have no cause for eviction. Yet. As long as the occupants vacate by the end of the notice period there can be no eviction. You are simply terminating the tenancy, that's all.
If your tenants have a written lease you cannot remove them from the property as long as they are abiding by the terms of the lease until the lease expires. If the lease is due to expire within the 90 day period or if they are now month-to-month you're OK there.
If the tenants fail to vacate by the end of the notice period you MIGHT have cause for eviction at that time. In most states you would be able to evict at that time. However a few states and local jurisdictions may limit your ability to terminate a tenancy and evict unless you are going to move into the property yourself or place an immediate family member in the property. NY and NJ have laws like this.
Another consideration on eviction is that once you move forward with eviction you cannot accept any rent from the tenant. If you do you will automatically create a new tenancy agreement and must then start over with the statutory notification period.
2007-07-15 17:28:20 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Did you sign a contract with your renters? If so, you MUST have a reasonable excuse for evicting them prior to the end of thier contract. You can refuse to renew the contract at that point and let your friend move in. If you do not have any kind of contract, then I would talk to the family there and let them know your plan. DO NOT use the word eviction. Maybe offer to help them find a new home or pay for a mover... something to make it easier on them. You can bring it up no matter what and see what they think. If there is a contract, then you can't really force them out.
2007-07-15 17:26:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You're not evicting them--you are just not renewing the lease, and giving them an extra 30 days rent free is a touch of kindness rarely seen. There is no reason to feel bad about this.
2007-07-15 17:51:22 · answer #4 · answered by nightserf 5 · 1⤊ 0⤋
I believe that "eviction" requires breach of contract or some other failure of the tenant to uphold the terms of their lease or rental. Without grounds for eviction, unless there is a specific clause for termination in your agreement with the current renters, they may have sufficient grounds to sue and maintain their current residence if you attempt to have them removed from the property. Explaining your situation in a friendly manner and allowing generous notice such as the 90-days you are offering may help. If they're understanding and cooperative then all is good. If they resist you may have trouble getting them out. Good luck!
2007-07-15 17:34:59 · answer #5 · answered by Whitty 3 · 0⤊ 0⤋
Do the current tenants have a lease agreement with you, or are they renting month-to-month? If they are a month-to-month rent basis, then you are fine - but you can phrase it as you are ending the lease/rental agreement. You can share with the tenants as much as you would feel comfortable, so they don't resent your ending their tenancy. They will probably understand.
However, if the tenants have signed a lease that isn't going to expire before the date that you hope to have them move out, you are breaking the lease, and they could have legal remedies against you.
Is your friend going to be able to afford the rent, or will you let her live there for free? Perhaps a better option is to have your friend move in with you temporarily.
2007-07-15 17:46:31 · answer #6 · answered by madmax 3 · 0⤊ 0⤋
First, you are NOT evicting them! Eviction is a legal term used when forceably removing someone from your property.
You are asking them to leave. If they leave there is no eviction, jus them moving.
And, no, after the lease expires, or whenever on a month to month you can ask them to leave. It is your property and you have the right to use it as you see fit.
You are wise to think about moving your support system close to you now, it is much harder to do it when you really need it because the need makes it stressful.
2007-07-16 04:09:45 · answer #7 · answered by Landlord 7 · 0⤊ 0⤋
Since the lease is due to expire you can do this. It is kind of you to allow them the time that they need to find another home. You simply just say you aren't interested in leasing for another long term that you are unsure what you are going to do with it. They won't know if you sold it or rented it, by the time the lady has moved in.
2007-07-19 09:38:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends if they have a lease or not. If they don't, then you don't need any reason. You have given them more than enough time to find a new residence. Don't worry about it, its your house and you have the right to rent it to whoever you want.
2007-07-15 17:24:45 · answer #9 · answered by tricycle_pilot 4 · 0⤊ 0⤋
Eviction isnt a nice word when your liveing in the house but its your house you you can do what you want with it. Its just business.
2007-07-15 17:24:11 · answer #10 · answered by Mike D 2 · 0⤊ 0⤋