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Scotty

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Posts: 4
Reply with quote  #1 
Maybe someone here can help. 

My tenants lease expires March 31, 2014. I want them out and plan not to renew. I had an agent tell me since the lease expires that day and no new lease has been given for signing, I can tell them now that they need to move out. 

I had another tell me that I had to give 30 days notice.

Our original lease was written on the CAR Form LR. All ammendments and lease extensions stated that original terms in first lease applied. 

Here's my question, it states on the form :
_________________________________________________________________________________
TERM: The term begins on (date) ________________________________ (“Commencement Date”), (Check A or B):
■ A. Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date.
■ B. Lease: and shall terminate on (date) _________________________________________ at __________ ■ AM/■ PM.
Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this agreement in writing or signed a new agreement;(ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All
other terms and conditions of this Agreement shall remain in full force and effect

___________________________________________________________________________________
I'm not sure what it means - "landlord may terminate the tenancy by giving written notice as provided by law." Does that mean I do not need to give 30 days notice, that I could in fact give 2 weeks?

I do not want to renew, but I want to make sure I do everything by the letter so as to not give them anything to use against me. We never added anything in any of the renewals pertaining to giving notice, just kept the orginal working on the CAR form.
skrieger

Registered:
Posts: 143
Reply with quote  #2 
There are a lot of questions to be answered here.  I'd play it safe and give them a notice to vacate at the end of the lease term. 
OHlandlord

Registered:
Posts: 3,794
Reply with quote  #3 
Normally, if they paid rent monthly, you must give the same amount of time to vacate as their term (30 days).  So you would need to give them notice now to vacate at the end of the April.  You can only give 2 weeks notice if they paid rent every 2 weeks.  However, you said their ORIGINAL lease, which tells me that they have already been there more than a year.  In that case, you must give them 60 days notice.  Give them notice now to be out May 31.
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