How to evict tenant from house when they don’t have a lease
1 Answer from Attorneys
If rent is supposed to be paid monthly, courts will consider the situation to be a month-to-month tenancy, requiring either a 5-day notice for non-payment of rent or a 30 day notice to terminate the tenancy. Both notices can be given. PS when it comes to a 30-day notice, there must be at least 30 days before the next rent due date - so for example if rent is supposed to be paid on the 1st and you give a notice on October 2, technically there are only 29 days until November 1, then next due date, and the 30 day notice would not be effective until December 1. But each form of notice has different consequences, and gives the tenant potentially different defenses. See a local attorney to discuss your options.