How do I evict a tenant that is not paying rent?

Q: What is the legal term for not paying rent?

The legal term for not paying rent is 'default.' When a tenant fails to pay rent as agreed in the lease, they are in default, which can lead to eviction proceedings initiated by the landlord. It's important for both parties to understand their rights and obligations under the lease agreement.

Q: What is it called when a tenant stays after a lease expires?

When a tenant stays after a lease expires, it is referred to as 'holdover tenancy.' In this situation, the tenant may continue to occupy the property, often under a month-to-month agreement, unless the landlord takes action to evict them. Landlords should follow the proper legal process to address holdover tenants.

Full question:

I am renting a house on a month to month basis. The tenant has not paid rent for the last nine months under the premise that the rent was going to repairs and misc. things that needed to be done, plus she has been trying to get financing to buy it so I haven't rushed to kick her out. Now though the time has come. I am putting the house up for sale and I want to know the legal way to evict her.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: California

Answer:

Please see the information at the following link:

http://lawdigest.uslegalforms.com/landlord-tenant/index.php?dID=609

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it better to do a month-to-month lease?

A month-to-month lease offers flexibility for both landlords and tenants. It allows tenants to move out with short notice, usually 30 days, which can be beneficial if circumstances change. For landlords, it provides the ability to adjust rental terms or increase rent more frequently. However, this arrangement can lead to instability, as tenants can leave at any time. Consider your long-term goals and the local rental market when deciding if a month-to-month lease is right for you.

What are the disadvantages of month to month rent?

The main disadvantages of a month-to-month rental agreement include potential instability for landlords, as tenants can leave with short notice, usually 30 days. This can make it challenging to maintain consistent rental income. Additionally, landlords may face higher turnover costs and less predictability in occupancy rates. Rent increases can also be implemented more frequently, which may deter long-term tenants.

Are month-to-month leases bad?

Month-to-month leases are not inherently bad; they simply come with pros and cons. They provide flexibility for both landlords and tenants, but they can also lead to uncertainty. Tenants may leave unexpectedly, and landlords might face higher turnover rates. It's essential to weigh your needs and circumstances before choosing this type of lease.

What happens if you can't pay rent for a month?

If you can't pay rent for a month, your landlord may issue a notice to pay rent or quit, giving you a specified time to pay or move out. If you fail to comply, the landlord can file for eviction. It's crucial to communicate with your landlord about your situation, as they may be willing to work out a payment plan or provide temporary relief.