I own a home that I rent out to a man and his two kids.?

Question

I charge him $200 less than what I could get from another, and he still misses rent payments. I let him do work on the house to make up for missed rent.
Unfortunately, I can not afford to keep this up. In fact, I really need to sell the house to pay for my children's college education.
Question- How much notice do I need to give this guy?
Also I am almost positve when I tell him we have to sell the house I will never see a rent check again. I don't live in the same state as this house.
Any advice to a landlord in my situation?

His lease ran up - and he is month to month now. This is in the state of Washington.

Answer 1

Does he have a current lease? If so, you'd probably have to let him stay until the end of the lease. If not, it's probably 30 days notice required, maybe 60 depending on where you live.

Answer 2

Your best strategy in this case would be to have him vacate and then put the property on the market. Your options for notice are limited by the length of the lease period and whatever state and local laws apply. My concern is that you would have a tenant who is holding over, not paying rent, and not particularly interested in helping you sell it. That can be a marketing disaster. If he were a more reliable type of person, I would suggest that you offer to work with him so that he can purchase it from you. That's your call to make, but based on his past performance I certainly would not carry a note for him. I would make him come up with "new" money in the form of cash or loans to pay you off entirely and take title to the house in his own name.

Answer 3

I would not put up with missed rent - there is no excuse. (I am a tenant by the way). I would serve him notice due to selling the house. There are courts available to track down missed rent. Unfortunately by giving notice you do have to take the risk of missed rent - part of being a landlord. Do you have savings or a bond to cover this?
Best of luck. The short terms costs will be worth it in the long run.

Answer 4

If he is mid-lease you have to wait until he's lease is up AND give him a 30-day notice.

If he is month-to-month, you can serve him with a 30-day notice tomorrow.

Please be kind and allow him at least until February 1st...not too many people move in December, so another rental is going to be hard to find.

Update: If he is on a month to month then go ahead and give him the 30 day notice. Make it CLEAR in the notice how much in arrears he is.

If you are that sure you won't see any more rent, then go ahead and file for a formal eviction...that will save you 30-days in the process....b/c if you give him 30, the court will usually give him another 30...so just go straight to court.

Keep in mind that you may have a small battle getting the arrears, especially since you allowed him to do work in lieu of rent some months. I have had tenants to offer that, and even if I need the work done, I always say no.

That way if you ever go to court, it's less hassle.

Answer 5

You're biggest challenge is owning a rental property out of state. You need a good property manager. It seems this property was mismanaged. You have a couple of options:
1. You serve the tenant a 5 day notice by mailing a certified letter with return receipt. In Illinois its a 5 Day Notice. You should check with a local real estate attorney for the type of notice in your State.
2. Get a qualified property manager with local experience to handle the eviction process.

Answer 6

When his next rent is due and he is past his due date by 3 days. (standard on most rental contracts) Give him a 3 day notice to pay or quit.
After he has paid his rent give him a 30 day notice to move. If he has been there less than a year.
In califonia if a tenant has lived on the property for more than a year you must give a 60 day notice.
You do not need to tell him you are selling your home unless you wish to do so.
If he has not paid rent on time for more than 3 times then that is all you need to ask him to move.

Answer 7

Having kids is no excuse for not paying your bills. IN fact it is more of a reason to set an example and live right.

You need to check with the laws in the state the home is in and act accordingly. If you have a lease, you will need to give thirty days notice for eviction for non- payment of rent in most states. But that does not mean they will be out. In most states you have to go to court and have them served and then if they do not leave you have to file again and have the sheriff remove them.

And if I were you, I would definitely sue him for any damages or rent he does not pay after this point. It is not your responsibility to shelter his children. It is his. You will be out money to evict him, no sense in being out more for the rent.

If he does not have a lease and rents month to month, raise the rent and explain you can no longer afford to carry his debts. You must raise the rent to afford to care for your children. And that only money will be accepted and you will charge a late fee. Go to your local library and get a copy of a lease and make one for 6 months. He will most likely find someone else to live off of.

Answer 8

The law reads that a full rental period or calendar month's notice is required.

http://apps.leg.wa.gov/RCW/default.aspx?cite=59.04.020

If, after giving the termination notice, the last month's rent is not paid when due serve a notice to pay or quit per the laws to begin the eviction process.

http://apps.leg.wa.gov/RCW/default.aspx?cite=59.04

Also, if he fails to vacate per your termination notice, you would begin the eviction process for holding over.

http://apps.leg.wa.gov/RCW/default.aspx?cite=59.12.030