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How to Navigate the Law and Terminate a Tenancy

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When it comes to navigating the law to manage an eviction, some landlords are faced with problems. Naturally, there are laws that help protect tenants from being evicted without notice. However, a landlord can use the law to provide an eviction notice in the following circumstances according to Eviction Law.

  • The 30-day notice to help terminate various at-will tenancies
  • Residential tenancies that have lasted for less than a year
  • Commercial tenancies that provide rent month to month

Instances where a 30-day notice applies

An at-will tenant is any renter who:

  • Rents a property for an indefinite period
  • When no amount of rent can be reserved or paid

The main difference between at-will tenants and any other tenancy is that for the former, no amount of rent is paid and the person can stay in the premises without the need to pay the rental fee. For instance, you may be living with a grandchild, and they do not have to pay rent as they are under your care.

Therefore, when the time comes to terminate such an at-will tenancy, all you need to do is officially hand over a 30-day notice. Unlawful detainer statute grants the tenant the power of personal delivery when they are to quit.

Furthermore, Eviction Law provides for the unlawful detainer eviction if they do not leave after the days you give them come to an end. This is the method used by landlords for any at-will tenants in the process of eviction.

30-day notice for a month-to-month commercial client

In case you have a commercial tenancy that is paid month to month, you can provide a 30-day notice. However, in case it is a fixed term lease, this cannot apply. Therefore, the tenant can stay on until the term of the lease is complete.

It is imperative to note that commercial property landlords typically have a tough time during the eviction process due to the laws in place to protect the tenant.

Additionally, you cannot evict the tenant in a commercial property once you receive some money. This shows that you have waived your eviction right. As such, you will have to start the notice procedure afresh.

Similarly, the unlawful detainer law allows you to evict the tenant from the said commercial property if the 30-day notice period is complete and they are yet to pay. Application of self-help to manage eviction is considered unlawful for commercial property landlords. As such, you should use the right procedures when evicting the commercial property tenant.

For commercial properties, landlords should ensure that they examine the lease that is agreed on initially before providing an eviction notice. There are commercial lease contracts that need to have special terms followed before delivering the eviction notice. Therefore, if these conditions are not met, the landlord will not manage to evict the commercial property tenant. Finally, it is imperative for both the tenant and the landlord to gain knowledge of the eviction laws. This ensures that the eviction procedure runs smoothly.



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