U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 02-24-2010, 09:20 PM
 
2 posts, read 4,846 times
Reputation: 11
Default evicting a month to month roommate

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?
Reply With Quote Quick reply to this message

 
Old 02-24-2010, 09:51 PM
 
Location: Seaford, Delaware
3,350 posts, read 10,057,078 times
Reputation: 2187
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.
Reply With Quote Quick reply to this message
 
Old 02-25-2010, 05:34 AM
 
Location: St Thomas, US Virgin Islands
21,632 posts, read 25,212,126 times
Reputation: 22316
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.
Reply With Quote Quick reply to this message
 
Old 02-25-2010, 08:57 AM
 
Location: 39 20' 59"N / 75 30' 53"W
11,996 posts, read 12,085,335 times
Reputation: 13375
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.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top