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03-06-2007, 05:26 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 7
| | | Landlord want to take back possession of house.
What is the name of your state? New Hampshire
I am a landlord and have rented my house almost two years to the same person. My tenants are great, however; I want to move back to my house. The lease is not up until June of this year. Do I have to wait until the lease is up, or can I send a notice to leave in 60 days?
I moved away for work but have since lost my job and I want to move back home to my house. Do I have to wait until June to ask them to leave?
Do I have to do anything more than send them a letter with an intent to reoccupy the house on June 1st when the lease is up?
ThanksWhat is the name of your state? |
03-06-2007, 05:39 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,992
| | | What does the lease say?
Send the sixty day notice before the end of March if you want them to vacate at the end of the lease. |
03-06-2007, 05:42 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,057
| | Quote:
Originally Posted by Ozark_Sophist  What does the lease say?
Send the sixty day notice before the end of March if you want them to vacate at the end of the lease. | Yep.
I can't see anyway around it.
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03-06-2007, 05:48 PM
| | Senior Member | | Join Date: Oct 2005 Location: Tennessee
Posts: 3,789
| | Quote:
Originally Posted by seniorjudge Yep.
I can't see anyway around it. | Pay em off and see if they will leave early? |
03-06-2007, 05:59 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 7
| | Quote:
Originally Posted by Ozark_Sophist What does the lease say?
Send the sixty day notice before the end of March if you want them to vacate at the end of the lease. | The lease says 60 day notice, but my question is more about; do I have the right to ask them to leave just because i want to live in the house, or do I have to have a reason to ask them to leave? |
03-06-2007, 06:13 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,992
| | | The lease works both ways. If they left before the lease under normal circumstances, you would be upset because you counted on the income for the term of the lease and you would likely would seek monetary damages from the former tenant. If you force the tenant out before the end of the lease, you would be breaking the contract and be subject to a host of legal problems and financial penalties. You do have the right to buy out the lease by offering the tenant money to vacate before the end of the lease, but they have the right to refuse your offer. |
03-06-2007, 06:22 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 23,492
| | Quote:
Originally Posted by spaz6623 but my question is more about; do I have the right to ask them to leave just because i want to live in the house | Yes, when the lease is over, it's over (unless the lease itself provides for automatic renewal or something of that sort) |
03-06-2007, 06:23 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,992
| | Quote:
Originally Posted by Zigner Yes, when the lease is over, it's over (unless the lease itself provides for automatic renewal or something of that sort) |
IF you provide the 60 day notice. |
03-06-2007, 06:26 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 23,492
| | Quote:
Originally Posted by Ozark_Sophist IF you provide the 60 day notice. | Even THAT could be debated...
But, to be thorough and to head off problems before they become problems - yes, give the 60 day notice  |
03-06-2007, 06:29 PM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,992
| | | If the notice isn't given, the tenant becomes a month to month holdover.
In this case, give the notice because unless you pay the tenant off, they will still be there at the end of the lease and a delay may give them another month or two (60 day notice) in your place. |
03-06-2007, 07:00 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 7
| | Quote:
Originally Posted by Ozark_Sophist If the notice isn't given, the tenant becomes a month to month holdover.
In this case, give the notice because unless you pay the tenant off, they will still be there at the end of the lease and a delay may give them another month or two (60 day notice) in your place. | My lease says at the end of the term it is on a month to month bases with the full lease requirements in affect, and requires a 60 day notice. I will wait until April first and send them a certified letter. Is there any particular wording I should use? |
03-06-2007, 11:32 PM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,290
| | Quote:
Originally Posted by acmb05 Pay em off and see if they will leave early? | Money is the great motivator! |
03-06-2007, 11:34 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 23,492
| | Quote:
Originally Posted by spaz6623 My lease says at the end of the term it is on a month to month bases with the full lease requirements in affect, and requires a 60 day notice. I will wait until April first and send them a certified letter. Is there any particular wording I should use? | Send it BEFORE April First. If you *send* it April 1st. then it may very well actually be considered as received AFTER that date, which would give them an extra month. | |
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