Klass Law Group

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December 2017 Legal Tidbit

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Question: I want my tenant to move out. What are my choices?

Answer: If the tenant signed a lease which has not yet expired and they are living up to the obligations in the lease agreement, then they cannot be evicted. You can ask them to leave and can offer them compensation. If they agree, sign a termination agreement and do not pay them until they are completely out and have surrendered keys. You may elect not to renew the lease. Notify them in writing so that they have time to find a new place. If the lease has expired, the tenant may be evicted. If the tenant has violated the terms of the lease, serve a three day Demand. If the tenant is month-to-month you may terminate the tenancy by serving a Notice to Quit and evict if they fail to move out.

November Legal Tidbit

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Question: After I have served a Demand on my tenant for non-payment, what are my choices?

Answer: If the tenant pays the amount demanded (or the amount legally due) in full within the three days following the date on which the Demand was delivered, the landlord has no choice but to accept the payment and allow the tenant to stay. The landlord may refuse or reject a partial payment. If a partial payment is accepted, then a new demand for the balance still due should be served. Once the three days have passed, the landlord is not required by law to accept it and may instead require the tenant to vacate by
commencing an eviction lawsuit.

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