I have a trouble tenant, who pays her rent late with a huge attitude and has a tendency to get VERY angry at me/others. Knowing how long eviction process could last, and since she does eventually pay mid-month, and I still have her deposit, I decided it would be easier to 'kick her out' on our lease end date: December 31, 2017.
In the lease, quoted below, I think I just need to serve a notice of termination 30 days in advance:
Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord, the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty (30) days written notice of termination, reflecting the effective date of cancellation.
My questions are:
- Do I need to send this notice in a special way? (I was planning on emailing it and sending a copy via certified mail)
- Assuming the rent is paid & received by December 1st, notice is sent out on 2nd regarding the lease termination date of Jan 1, 2018. If she refuses to move out on Jan 1, do I have the right to call the cops for trespassing? (IRL, I will actually wait until she pays for her December rent to send it out, I am worried that she might not pay me the last month if I send the notice to her on December 1, and do damages to the property)
- If during the month of December, she acts violently towards me/other tenants, let's say cops are called and do I have the right to break the lease before Jan 1, 2018 for the safety of myself and other tenants? How would she retrieve her items then? Is she allowed to do so alone? Must she be accompanied by police during so? Would I still be entitled to the early lease termination fee? (but that's not something I plan on pursuing)
If you have had any experience dealing with similar issues, please share! Thank you!
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