My tenant gave me a verbal notification he would move out on 2/21/14. He is leaving to move into a friend's house. He moved half his stuff, including his bed, and dog. Food, toiletries and some linens are still here, and he has my keys. I've tried to reach him but get no response. I have his security deposit still and plan to use some, if not most, to repair damage to my wooden floors.
I have two questions: do I need to serve him a 30 day that he leave the premises if he gave me notification he was moving out, and can I charge him rent for not taking all of his belongings? I would like to move his stuff into the garage, at least, to make way for a friend who is moving in March 1. Also, i have no forwarding address for him so would notification, if necessary, consist of me mailing a notification to my own home?
Single lodger in a private residence
A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10
However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.11
I have two questions: do I need to serve him a 30 day that he leave the premises if he gave me notification he was moving out, and can I charge him rent for not taking all of his belongings? I would like to move his stuff into the garage, at least, to make way for a friend who is moving in March 1. Also, i have no forwarding address for him so would notification, if necessary, consist of me mailing a notification to my own home?
Single lodger in a private residence
A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10
However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.11