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  1. #1
    crjets Guest

    Not renewing a lease.

    I have a family renting out one side of a duplex I own. Over the past year their neighbor has called me about loud fighting, smelling of cigarette smoke and just New Year's eve a very loud raucous party. All of these are violations of the lease and I am concerned about losing my good tennant. Consequently, I have decided not to renew the lease.

    The lease expires this month and it automatically renews on a month to month basis. The tennant or landlord can default now with 30 days notice.

    All my communications about these problems have been oral. I do have a witness (the neighbor). My understanding is I don't even have to give them a reason for not renewing the lease, I just have to give them 30 days according to law. Is this correct? Or do I have to come up with proof of these violations?
  2. #2
    maxim2 Guest
    since you didnt put down your state....

    some states are very strict about a 30 day notice, and today is the 3rd, so the 30 day notice to vacate would be for feb 28th, not jan 31st.

    and did you collect this months rent yet?
  3. #3
    abezon is offline Senior Member
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    What *exactly* does the lease say? Do you have to give them notice 30 days before the lease expires that you won't renew it? Does the notice have to be in writing? Since the written lease contains its own notice of termination on 1/31, you may not need to give notice. It could just be that the lease terms will continue to be in effect after 1/31 if they stay & you collect rent.

    Hint: don't accept Feb rent. Just sue them for unlawful detainer (holding over) as soon as you can. Probably on 2/5.
    This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
  4. #4
    crjets Guest
    Sorry, the state is Kentucky.

    The one year lease actually ends on Jan. 19th. I'm hoping to have them out of there by Feb. 19th. The lease automatically renews month to month, unless terminated. So they will actually get an extra 30 days on the lease.

    The lease states:

    DEFAULT Tenant(s) is aware of his statutory right to thirty (30) day written notice to vacate the premises. Tenant(s) agrees to vacate the premises on fourteen (14) days written notice due to failure to pay rent or for breach of any of the provisions of this agreement.

    HOLDOVER BY TENANT(S)- Should tenant(s) remain in possession of the premises with the consent of the Landlord, after the natural expiration of this lease, a new tenancy from month-to-month shall be created between tenant and landlord, which shall be subject to all the terms and conditions hereof, including the provisions regarding termination upon default, (fourteen days notice to tenant(s) in the case of nonpayment of rent, and/or default in performance or compliance with other terms of the lease). The foregoing not withstanding, in such event of holdover, either party may also terminate the month-to-month tenancy on thirty days notice served on the other party.
    It is expressly understood by the parties hereto that this lease and every term herein automatically renews every 30 days until the notice mentioned above shall be served on the other. This tenancy and the rent begins the first of every month, and any occupancy by the tenant(s) of this rental unit for any portion of the month, requires payment for the entire month, unless waived by the landlord.

    Just to keep things as amicable as possible, I'm approaching this as not renewing the lease, as opposed to them being in default.

    Thanks for your comments.
  5. #5
    maxim2 Guest
    So give them a 30 day notice to vacate by Feb. 19th, send one copy by regular mail, one certified return reciept, and one with a certificate of mailing, and give them one in person.

    They still must pay you the rent on Jan 19th. If they dont then you can give them a 14 day evcition notice, then if they stay past those dates you will have to file for eviction in court.

    And NO they cannot use the security for rent unless you agree to it.
    Last edited by maxim2; 01-04-2003 at 10:51 AM.

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