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Old 02-18-2015, 12:46 PM
 
5 posts, read 5,256 times
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I have a tenant that has been with me for several years and for more than a year now without contract/lease. I had sent her several letters in the past 4 months, asking if you want to renew the lease and pay higher rent but she has not response. And continue to pay the lower rent,. I need advice on how to evict her. She is paying me but not the amount I told her rent will be without lease. Please help.
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Old 02-18-2015, 12:50 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,567,744 times
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Your tenant is legally a month to month tenant and all you need do is give her a 60 day notice. See here:

California Notice Requirements to Terminate a Month-to-Month Tenancy | Nolo.com

You can also raise her rent with the same advance written notice. If she refuses to pay the additional rent or move then you file eviction.
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Old 02-18-2015, 01:11 PM
 
5 posts, read 5,256 times
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Thanks
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Old 02-18-2015, 01:46 PM
 
Location: Southern New Hampshire
10,039 posts, read 17,995,009 times
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But seriously, OP ... you couldn't have simply CALLED her the first month that went by when she didn't let you know her plans to stay (and pay the higher rent) or move? Instead, you've let this go on for the past 4 months.

So many problems in the Renting forum would be solved by people actually TALKING to the other people directly involved.
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Old 02-18-2015, 02:44 PM
 
Location: Riverside Ca
22,146 posts, read 33,381,488 times
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Quote:
Originally Posted by EAE2999 View Post
I have a tenant that has been with me for several years and for more than a year now without contract/lease. I had sent her several letters in the past 4 months, asking if you want to renew the lease and pay higher rent but she has not response. And continue to pay the lower rent,. I need advice on how to evict her. She is paying me but not the amount I told her rent will be without lease. Please help.
SST is correct. you are unfortunatey notifying your tenant the wrong way about the rent raise and lease.

OP once the initial 1 year term lease is ended your lease should have a provision to either renew for another year or convert to a month to month tenancy. IF you never had a signed lease then they are considered a month to month tenancy. You have to give them a 60 day notice because they occupied the property for over 12 months. If they were there for less than 12 months you only have to give 30 day notice ( in order for this to happen they would have to be initially set up as only a month to month tenancy) . Once you give the proper notice and they pay the incorrect rent amont then you simply file a 3 day pay or quit. you cannot accept the rent they send you if they give you the wrong amount ( which can be considered a partial payment). If you send the notice of rent raise and you know the new rent is due on say March 2015 and they pay the lesser amount you simply do not accept the rent and send a 3 day pay full rent or quit. At this point if they do not pay you in the three days the full new rent amount you can start eviction proceedings.

OP make sure that you follow the correct procedures in serving and accepting rent and eviction. If you do it wrong it simply resets the clock back to zero for the tenant and you have to start all over.

there are ways to accept partial payments but it really muddies up the water if you have to evict.
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