How to get rid of a tenant who does actually pay the rent?

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How to get rid of a tenant who does actually pay the rent?

Is there any way to get rid of a tenant who keeps saying they will leave but then keeps paying the rent each month and avoiding the issue? The tenant must leave so a family member of the landlord can live their due to health related issues. There is no lease, just a written agreement that the tenant must warn the landlord 30 days before he wants to leave. Can we give him an eviction notice or do something?

Asked on March 13, 2012 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is no written lease for a specific or set term (e.g. a one-year lease), then this tenant should be a month to month tenant. A month to month tenancy can be terminated by either party--either landlord or tenant--by providing 30 days notice that it is being terminated. Therefore, you should be able to provide 30 days written notice you are terminating the tenancy then, if the tenant still does not move, bring an eviction action against him.Send the notice some way you can prove delivery.

Note that you should NOT accept rent past the date your notice indicates tenancy is terminated. Doing so can start the clock running on another month; you'd have to then send a new notice terminating tenancy.


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