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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27621
Experience:  Attorney
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I am a landlord with 2 tenants, each renting 1 room and

Customer Question

I am a landlord with 2 tenants, each renting 1 room and enjoying full access to the home. I started with a verbal month-to-month lease. But a problem has developed and it appears that it can't be reconciled. I just created a written lease last week to
document the issues as they come up. I am frightened because each of them are belligerent, and they seem intent on accelerating the issue. I want to know if I can serve them eviction notices directly or if I must have them served by a third party. They are
sabotaging my household and refusing to cooperate in any way. This is (or was) a roommate situation in which all share chores. I am now in a situation of being compelled to be a servant. One of them in particular is very unsanitary in his habits. What do I
do about their refusal to sign notices I present to correct the situation?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
What state are you in?
Customer: replied 1 year ago.
Ark
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
A verbal rental agreement is month-to-month, which means you can ask your roommates to move at any time by giving them 30 days notice prior to the end of the month. Ark. Stat., Section 18-17-401. You're allowed to give them that notice if you present them with a written agreement and they refuse to sign it.
The notice should be in writing, hand delivered to the tenant, preferably in front of a witness. If you're worried that they'll claim they didn't get it, you can also ask any person over 18 to hand it to them on your behalf. When a person refuses to accept a notice, you're allowed to place it on their feet.
You're ALSO allowed to simply give them written notice to vacate and look for some roommates that are a better fit with your cleaning habits. I mention that because I've had roommates who refused to help clean, even after promising repeatedly that they would. The process of asking them to leave now, when there is no written lease, will likely be easier than trying to evict them later. Essentially what would happen is, they don't clean, you give them a three day notice to clean or leave, they clean. Then, repeat that until the lease is up. If they clean after getting the notice, you can't make them leave. So, you're taking a risk. Just keep that in mind.
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