She moved in with a verbal agreement of rent, and she cannot pay the new rent with the lease renewal. We have asked her to leave with a 60 day notice - she is not on the lease and we had no written agreement, just a verbal one. Is the law on our side or her side if we have asked her to leave? She has threatened to be a "squatter" and not pay rent, but we do have her security deposit.
Your tenant is a month-to-month tenant. You must serve her with a 30 day notice to quit. Your 60 day notice may or may not be sufficient. If she does not leave at the end of the term, stated in the notice to quit, you will need to commence a holdover proceeding to evict her. Your tenant's threat of becoming a squatter has some teeth since a knowledgeable tenant can drag evictions on for a long time. Depending on the specifics and how this plays out you may be able to keep the full deposit. I suggest you consult with an attorney.
Assuming you served the proper notice of termination, you can commence a Holdover action against your tenant when the notice expires. It is unclear why you served a 60 day notice. If your tenant is a month to month tenant, you are required to serve a statutory 30 day notice of termination.
If your tenant refuses to leave, you will have to commence a proceeding to evict your tenant. You should consider consulting with an attorney regarding your legal options.
Dear Brooklyn Property Owner:
Sure you may ask her to leave. But polite is not required by law when an owner decides for whatever reason or for no reason to call an end to a month to month tenancy.
The "law" requires a properly served (usually that means hiring a process server--you cannot serve the tenant on your own behalf) written thirty day tenancy termination notice. A notice served this month would end the tenancy on May 31, 2017 (and so will say in the termination notice.)
But, your verbal sixty day request to leave may have tossed a monkey wrench into a statutory process.
Start with an attorney consultation. Your tenant may claim that the written notice if otherwise proper is invalid because you gave her a sixty day window to get out. Even though she was not planning on doing so, you do not want to get all the way into court and before a judge to find out you had to do some act to rescind the verbal demand to move out in sixty days.
You cannot take the security deposit for unpaid rent. Wait for a judge to deal with the ownership rights in the security deposit.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
You must properly serve a 30 day notice terminating the tenancy. Then, if the tenant does not move out, you must evict. This will take several months. The tenant cannot become a squatter. A squatter is someone who breaks and enters the premises without permission and stays there.
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