If I have a rental property and now want to sell it, how much time do I have to give my month-to-month tenant to move out?
Question Details: I have a rental property and the renter is not paying the rent so I have decided I want to sell the property and be done with it what do I have to do to accomplish this. There is no rent rental contract in force it has a month-to-month rent situation. I have been told that due to there being small children in the home, eviction would be almost impossible.
The presence of small children has no effect on eviction: having children does not give you the right to live in another's property. (If it did, no families with school-age children would ever be evicted.)
If they have not paid rent and you have provided notice for them to pay or leave (to "cure" their nonpayment), you can file an eviction action now. However, you may wish to wait and bring an action for both nonpayment and because you are terminating their month-to-month lease, since having two grounds increases the chance of success.
To terminate a month-to-month, you need to give them at least a full month's notice, since they are month-to-month: that is, they rent a month at a time, and so each "term" of their tenancy is for a calendar month; you cannot terminate their tenancy mid-term. You don't need a reason to terminate a month-to-month tenancy; it is your right to decide to discontinue it on proper notice. Today is March 13; you can't terminate mid-April, and you need to give at least a full month's notice, so provide notice now for them to be out on May 1. Send the notice by regular and certified mail, return receipt, simultanously, and also hand deliver a notice. If they don't leave after a full month's plus notice, you can bring an action to evict them. You would bring the action for both nonpayment and also based on the termination of their tenancy (you can allege more than one reason to evict).
Eviction law can be "technical" in that a small paperwork, timing, or procedural mistake can force you to start over. Best is to hire a landlord-tenant attorney now to handle it start to finish, including notices.