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Month to Month Tenancy

Month to month tenancy agreements often requires a specific amount of time before being able to end the agreement. There is often confusion on the rights of the tenant versus the rights of the landlord. These uncertainties typically lead to questions like the ones answered below.

I am on a month to month tenancy in Florida. The landlord now wants me to move out at the end of this month, so they can sell the home. I paid on this month’s rent. I have received no eviction notice. What are my rights?

In Florida a month to month tenancy stipulates that at least 15 days’ notice is given to vacate prior to the end of any monthly period. The rent payment period is what is known as the monthly period.

As an example, if you pay rent on December 1st, the landlord must give you notice prior to December 15th, if they want you to move out on December 31st. If the notice to vacate has been given prior to that date then you’re required to move out. If you can’t move out by the allotted time of December 31st then the landlord would have to file an action of eviction against you. An eviction can take at least 30 days. You would be allowed to live in the property until the court date. A judge can determine that the landlord be awarded double rent for each day you stay past the date on the notice.

I own property that a person has a mobile home on. The owner of the mobile home has rented the mobile home to individuals that I do not know. The mobile home is becoming a hazard. What steps can I take to remove the month to month tenants?

You are correct in stating that this is a month to month tenancy, since there is no tenancy agreement signed. Under a month to month tenancy you the landlord can end the tenancy by giving at least a 30 day written notice prior to the end of any month period. You would want to give this notice to all people involved. Not knowing their names is not that big of a deal. You can refer to them on the notice as occupants.

If the occupants do not leave on their own, you would then give them a 10-Day Notice to Quit. This notice stipulates that they must pay the rent within that 10 days or they must leave the premises.

If they still choose not to vacate the premises, then you will have to file a petition for an eviction order. When you are granted the eviction you can have the sheriff evict them off the property. You could then also file a claim for all unpaid rent, including utilities. You may not, however, shut off the utilities, change the locks, or try to evict them on your own in anyway.

I own rental property in Mississippi. My tenant is on a month to month tenancy agreement. She wants to move out in the middle of the month. Can I make her pay for the full month’s rent?

In a month-to-month tenancy in Mississippi, according to Sec. 89-8-19, [t]he landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.

Since she is only giving you 15 days of notice and not the required 30 days prior to the termination date then you can hold her responsible for the full month of rent. You can also have 15 days of rent taken out of her deposit.

What are my rights in Missouri for an oral month to month tenancy agreement? We pay our rent on time and the landlord wants to do work on the property.

In Missouri a month to month tenancy may be terminated by either the landlord or the tenant with one full month’s notice. The landlord is allowed to access the property to conduct necessary maintenance. Major work cannot be done without the tenant’s permission. Since you are current on your rent payments the landlord must allow you to inhabit the property in quiet enjoyment.

Having the right information and understanding about month to month tenancy can help when dealing with questions about month to month rental agreements. Experts can help answer questions about a month to month tenancy agreement states what steps can be taken to remove a month to month tenancy occupant. Get the answers fast and affordably by asking an Expert online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5367
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Month to Month Questions

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