need some legal advice......

i am having problems with two tennants that when they moved in (on the 23rd of june) agreed to a month to month lease and now ive discoverd one of htem has a warrent for his arrest and have pretty bad drug problems(perscriptions not like crack) and i originaly wanted to evict them but that seems to be not with in my power dispite the fact they are 4 days late with rent .so what im trying to ask is as there on a month to month lease and i want them gone by next month is the easyest option for me to just tell them im not gonna renew there lease for another month? im not to crafty with the law and this is my first problem tennant

First I will say good luck. Also, I do not know much about laws concerning this.

I was just thinking that this should be something that is stipulated in the actual lease. Who actually wrote out the lease? Is it your lease, one that you have also used with other tenants? It just seems that this should be specified somewhere within the lease itself.

reply to post by BrokenCircles


yeah they claim to never have had one but there are records of it and even if there was no lease the law seeis it as a month to month rental so i was just thinking the easyest option to get rid of them is to give them 30days knotice that i wont be renewing there lease and then i dont think they have any recorse but to not leave thus making eviciton completely easy or at least thats what i gathred from the laws of montana and in general with a month to month lease the terms can be terminated at any time

They have renter's rights also. The law differs from state to state. Be careful though. You dont want anyone hitting ya up with a lawsuit. Goto the library and find a book on renter's rights for your state and see what laws they have for them. There is information for landlords as well, as to what rights you have as a landlord. I would definatly start there. If not there, your local city hall should be able to help. Though, those guys will probably refer you to a lawyer. There are lawyers who deal exclusively with this sort of thing.


Hope that helps! Good luck!

Originally posted by KilrathiLG
i am having problems with two tennants that when they moved in (on the 23rd of june) agreed to a month to month lease and now ive discoverd one of htem has a warrent for his arrest and have pretty bad drug problems(perscriptions not like crack) and i originaly wanted to evict them but that seems to be not with in my power dispite the fact they are 4 days late with rent .so what im trying to ask is as there on a month to month lease and i want them gone by next month is the easyest option for me to just tell them im not gonna renew there lease for another month? im not to crafty with the law and this is my first problem tennant

You are kidding, right? You're too cheap to call a lawyer so you ask for free legal advice from, for all you know, a bunch of 13 year olds, each with a computer in Mommy's basement.

reply to post by theRhenn


yeah thats why im going the not renewing there lease as im not under any legal obilagation to renew it but i if i wanted to evict them i would have to give cause (late paying rent ) either way they will be gone in 30 days and that way i dont have to deal with any legal hoops to jump through as while they hae rights they dont have the right for me to renew there month to month lease

thank you for your reply i know its late i just dont feel comfortable going to sleep with them here

reply to post by 4nsicphd


well last time i asked for advice in this forum i got lots of good help and i assume some of ats might be memebrs why would i pay a lawyer for something i could get for free off the net and i don't even need a lawyer to not renew there lease still thank you for your reply and your opinion

Originally posted by KilrathiLG
thats why im going the not renewing there lease as im not under any legal obilagation to renew it but......

As far as I know (based on the 1 time I had a month to month lease), that is basically part of the reason for it. Made it so that I was not obligated to stay for any set amount of time. I knew I was moving, but wasn't quite sure where yet. On the other hand, it makes it easier for you to get kicked out, as long as you are given 30 days notice.

If I was you, I would make sure to somehow get legally documented proof of the day that you tell them, that you are not renewing the lease.

reply to post by BrokenCircles


yeah we might have a polie officer frend come by and witness them being presented with the document id film it but that would require there premission due to montanas wire tap laws so ill just go with having lots of wintesses and in addtion they had gone into a nother roomates bathroom and removed Mini's belongins from said bathroom and then entered minis room(my other roomate) and last time i checked they cant come into my room or another roomates room with out permisiion and i cant go into there room with out providing 48 hours knotice

I would consult a licensed attorney.

Be careful about asking / taking legal advice on an internet forum.

Good Luck though .

reply to post by KilrathiLG


Okay...here is my two cents...and I am not a teenage kid on a computer in mom's basement:

Your going to have to check into the laws pertaining to your state...the laws vary quite considerably from one state to the next...also mentionable...eviction laws are a bitch so your going to have to thoroughly check those out too in the event your tenants are not as willing to move as you are for them to move.

If you suspect serious problems from them by not renewing the lease, or anything for that matter, the best advice was given above by another poster...you going to have to secure legal council for the matter...and although it may cost a bit...it is more often worth it then the headaches that come from not obtaining legal advice.

That is all...thanks for letting me share...carry on.

reply to post by jerryznv


yeah i gve up on eviction as the laws on that are more strict even though i still havent been paied this months rent yet im just going to give them a writen notice that i am not renewing there lease and they haev to be out in 30 days seperate process from an eviction but yeah lawyers may have to be involved but at least its not illegal to not renew there lease where as if i told them i was evicting them id have to give cause and the same 30 days notice so its a tad bit easyer then wanting to evict them because then i have the lease being expired to fall back on

Originally posted by KilrathiLG
i am having problems with two tennants that when they moved in (on the 23rd of june) agreed to a month to month lease and now ive discoverd one of htem has a warrent for his arrest and have pretty bad drug problems(perscriptions not like crack) and i originaly wanted to evict them but that seems to be not with in my power dispite the fact they are 4 days late with rent .so what im trying to ask is as there on a month to month lease and i want them gone by next month is the easyest option for me to just tell them im not gonna renew there lease for another month? im not to crafty with the law and this is my first problem tennant

The procedure for getting them out is going to depend on whether there is a writen month to month lease or simply an oral agreement. Take a look at statutes.laws.com...