How much notice do I need to give my tenant if I want them to leave?

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How much notice do I need to give my tenant if I want them to leave?

They have been there for over 8 years.

Asked on March 29, 2012 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is no written lease, then they the tenants are month-to-month tenant on an oral lease; in that case, provide 30 days notice you are terminating the tenancy.

If there is a written lease, if the lease allows you to terminate tenancy earlier on written notice, provide whatever notice the lease calls for; otherwise, you cannot evict the tenant so long as he/she is honoring his/her obligations (obeying the lease; paying on time; etc.) and you have to wait until the expiration of the lease--in that case, you would simply not renew the lease.


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