What to do if I recently rented out a room in my rental house but now I would like them out?

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What to do if I recently rented out a room in my rental house but now I would like them out?

My name is on the lease; my tenant and I have no written lease (only a verbal agreement). Is it better to give notice prior to a lapse of the first 30 days in residence? Or do I need to legally allow them 30 days notice? I haven’t cashed the 2 weeks of rent money or security deposit they gave me for fear I won’t then be able to get rid of them. Should I cash the checks?

Asked on June 19, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have an oral agreement with your tenant, under the laws of all states in this country, you are on a month-to-month lease with him or her. If you want the person out, you need to give thirty (30) days written notice regarding such.

If you want them out sooner, then possibly you can negotiate a quicker move out in writing for a rebate of the rent and the immediate return of the security deposit placed.

If you need the money and are willing to put up with the tenant for another thirty (30) days or so, then cash the checks. If not, then negotiate with the tenant to get him or her sooner. Make sure that any agreement regarding such is in writing dated and signed by both of you.


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