How to evict a month-to-month tenant?

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How to evict a month-to-month tenant?

I own a home and rented out a room to make a little extra money.The person I rented to is constantly bringing over various women for “adult encounters”. Even though I didn’t have him sign any “no visitor” agreement, I feel that it’s a violation of my own privacy because I don’t know any of these people and to have total strangers in home is just a bit uneasy. There is no lease involve so it’s a month-to-month rental. In essence, I no longer wish to rent to him and would prefer that he vacate the premises. What necessary steps would I need to take to have him leave? I own a home and I rented out a room to make a little extra money to help cover some of my expenses.

Asked on December 7, 2012 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since this person has no written lease, as a month-to-month tenant, you can give them a 30-day notice to quit (i.e. vacates). It should be in writing, identify the address of the premises and state the date that you want them to leave by. In most jurisdictions you can deliver it yourself although you may want a friend or other family memeber to do it for you; in some states you can even just tape it to the front door although you need to also mail a copy of the notice to the tenant. Also, be sure to keep a copy for yourself.

If they fail to leave by the date specified, you will need to file an "unlawful detainer'; that is an eviction lawsuit. Under no circumstances attempt to evict this person yourself; this includes removing their belongings, changing the locks, etc.


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