Tenant owes rent on month to month.?

In nearly all areas, leases automatically convert to month to month at the end of the lease. It's called a lease holdover. The ONLY thing that changes is that the rental term is month to month instead of a locked period.

He can claim in court that he's not paying because ghosts stole his checkbook if he wants, but he's not going to win with an argument that you have no contract.

You find out your state's laws for evicting a non-paying tenant. In most states, you have to issue a notice to pay or quit and if he doesn't come up with the whole enchilada by the date you set, you can start eviction proceedings. The entire eviction process can take 15-60 days depending on your state's laws and how backed up the courts are.

You will have the opportunity to sue for back rent, legal fees, and damages as well. The judge may award money owed up to the date of the trial, but you will then have to go back and sue for anything else at a later date.

Lol so this guy thinks he somehow gets to magically live somewhere for free because you didn't write up a new lease? He is in for a rude awakening.

You need to serve a pay-or-quit notice (3-10 days, depending on your state), then evict in court if he fails to do either. Once he is evicted, you sue for backrent and damages owed, plus your legal fees.

Of course, winning the judgment and actually collecting are two entirely different things. After you obtain judgment against him, you may need to garnish his wages or sell the debt to a collections agency.

In any case, you need to research the landlord/tenant laws for your state, since it is obvious you have no idea what you are doing. You should have started eviction proceedings 4 months ago; the very second a tenant is late in rent, the very first time, you begin the eviction process. Otherwise, you end up with multiple months of unpaid rent, an unruly tenant with entitlement issues, and a stack of unpaid bills.

When you formally evict him you will also get the opportunity to make the claim for all unpaid rent. In most states any renter without a contract (lease) is known as a renter "at will" and rents based upon the manner he has paid rent in the past, in this case month to month. Your tenant can claim anything he wants but no judge will agree that the tenant is allowed to live rent free just because there is no lease and will make a judgment in your favor requiring your tenant to pay up for the past. Your next step is to find the correct court to file the eviction, but you will likely be instructed to give the tenant a 3 day pay or quit notice before you are able to file.

You should have started evicting him about halfway through the first month he did not pay. Look up your state's landlord/tenant laws and get the process started right now. You most certainly do have a contract, it is simply now month-to-month in lieu of an ending date.

in the journey that your hire states that he would desire to grant you 30 days be conscious in writing, then he owes you something. Your hire would desire to state the outcomes for no longer giving be conscious. it fairly is commonly loss of deposit. Your hire would desire to state no longer in basic terms what's predicted of your tenants yet what the outcomes are for breaking the guidelines. I only had a run in with a tenant and he or she informed me she replaced into staying and that i took her be conscious for it a pair of weeks till now the 30 day be conscious replaced into due and then back in basic terms a pair of days till now the interest replaced into due. She referred to as me on the day she had to grant be conscious and informed me that she now could no longer make up her strategies whether she replaced into shifting or no longer and necessary extra time. i could no longer make her comprehend that if she did no longer supply it that day, she did no longer have time to grant it later. seems that she had already chosen an condominium and it wasn't going to be waiting in time so she replaced into stalling for days and screwing me in the approach replaced into what she chosen to do. I chosen to no longer return her deposit. only bear in mind in case you accomplish that, nevertheless deliver that letter of deductions from her deposit with in the 30 day time shrink you're able to desire to accomplish that. Anther theory. . .you're able to desire to ensure assets code on your state. log on and discover your state's internet site and look below statutes and then examine assets code. it fairly is astounding examining for landlords as nicely as tenants and nicely worth it gradual. you will desire to discover precisely what you're searching for.