What can we do if our renter is not sure how to pay us any more? 11 Answers as of December 12, 2011

We rented our guest house . The tenant lost his job two weeks after moving in. He has although managed to pay his rent up until now. He never signed or filled out any rental agreement . We let him move in two weeks early and didn't charge extra. He has paid late. We didn't charge anything . Now he doesn't know how he is going to pay. What rights does he have? How do we get him out?

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Law Office of William L Spern | William Spern
You go to the district court that governs the area where the apt is located. You file a notice to quit and serve it on the tenant. If the tenant does not leave you file an action for eviction and back rent. Most district courts will have a booklet and forms that will guide you.
Answer Applies to: Michigan
Replied: 12/12/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
If a written lease was never signed by both of you (landlord and tenant), then your tenant has a month-to-month tenancy. Under such, you have to right to terminate the lease at any time (with or without cause) by providing your tenant with 60-days notice. If your tenant has not vacate the premises at the end of the 60 days, you would have to file an eviction action against him.
Answer Applies to: Georgia
Replied: 12/12/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You must first serve him with a 30 day notice to terminate the tenancy. You can get the form from your local district court. If he fails to move during that 30 day period, you must then file with the district court and serve him with a summons and complaint to terminate the tenancy. Again, you can get these forms from the district court. The summons will indicate when you have to appear in court to argue why you should get possession back. Hopefully the Judge will enter a Judgment of possession then he has 10 days to move. If he does not move, then on the 11th you need to get an order of eviction to have him forcefully removed from the premises.
Answer Applies to: Michigan
Replied: 12/6/2011
Law Offices of Lorenzo L. Angelino | Lorenzo L. Angelino
Without a lease, he is technically on a month to month rental. You must follow the proper steps of an eviction proceeding which can be complicated, please visit your local justice court which should have information on how to evict your tenant.
Answer Applies to: New York
Replied: 12/6/2011
Law Office of Bijal Jani | Bijal Jani
If you do not have a written lease agreement, generally it is deemed to be a month to month tenancy. If your tenant has not paid you and you wish to end the tenancy, serve him with a 30 day notice.
Answer Applies to: New York
Replied: 12/6/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Once he doesn't pay, you have to serve him ( use a process sever) with a three day notice to pay or you will dispossess. Then you will have grounds t evict. I strongly encourage you to use a lawyer because landlord tenant law is complicated and strict.
Answer Applies to: New York
Replied: 12/6/2011
Attorney Paul Lancia
Attorney Paul Lancia | Paul Lancia
You could do 30 day notice to quit.
Answer Applies to: Massachusetts
Replied: 12/6/2011
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
You first post a written three day demand for payment. If you have not received payment, you can then serve a summons and complaint for possession and amages. It is best to use an attorney.
Answer Applies to: Colorado
Replied: 12/6/2011
Law Office of James L. Miller
Law Office of James L. Miller | James Miller
You have a couple of different options. 1. You can give him a 30 notice to quit, which means he has 30 days to leave the residence. If he refuses you file an Unlawful Detainer and let the court rule. 2. If he is not paying rent you can serve a 3 Day Notice to Quit or Pay rent. If he does not pay all he owes then you can file an Unlawful Detainer and again have the court issue a judgment that he leave the premises. California does not allow self-help (you dragging him out of the house) you must use the court system if he will not leave.
Answer Applies to: California
Replied: 12/6/2011
Sultan Law Office | Gregory Sultan
It sounds like you have a month to month tenant. You should check on any local regulations as to notice. For most of Illinois, you would need to start by giving a 5 day notice setting out the amount now due, along with some other specific statutory requirements. If you are still not paid, you would need to start a court lawsuit to have the tenant evicted. It is easier and less expensive if you just tell the tenant to move and they agree to move. If you do that write up something simple that the tenant signs agreeing that they are going to move. If they don't move, you still have to give the notice and go to court but it does help. Also, don't let it drag out. The longer you wait, the more likely the tenant will continue to stay and not pay.
Answer Applies to: Illinois
Replied: 12/6/2011
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