Ask a landlord-tenant lawyer and get answers ASAP
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
Can you please clarify the question?
If you apply the last months rent which you have, you can not proceed and evict, since their rent would have been paid. If you want to evict, you can provide them with the 3 day notice to cure and if they fail to do so, proceed with the eviction. If you were to tell them you using the deposit which you have, you would have to wait until next month to evict.
If the tenant has no lease agreement and rents month to month, you can terminate the tenancy with at least a 15 day notice and also impose the last months rent now. If they fail to vacate, you could then proceed and start the eviction process.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.