What happens if a tenant refuses to leave after lease expires?

What happens if a tenant refuses to leave after lease expires?

You can immediately file an eviction if the tenant refuses to leave the property. If you took a rental payment from the tenant after their lease expired, you’ll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.

What happens once your lease expires?

If your lease has expired and doesn’t include an option to renew, the landlord doesn’t have to renew the lease. However, most leases give the tenant an opportunity to ‘hold over’ the lease and stay in the shop on a month-to-month basis at the end of a fixed term. The tenant becomes a periodic tenant or tenant at will.

Can I ask my tenants to leave?

Are you legally entitled to ask your tenant to leave? There’s not a law against simply “asking” your tenant to leave. Go figure. However, your tenant may have legal grounds to refuse your request and remain in the premises, so the sensible first-step to take is to determine your position.

How do you ask a tenant to vacate?

Stage I – Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property.

What happens if you let a tenant move in without a lease?

In most states, when you let someone move into the property without a lease in place, it is considered a tenancy at will. This type of tenancy can be terminated at any time by either the tenant or the landlord. Because there is no lease in place, it can be more difficult to get them out of the property if you have asked them to leave.

Can a landlord give you 30 days notice to move out?

For instance, the landlord may have to offer 30-days notice to terminate or change the lease terms, and a tenant can give a 30-day notice and move out. By accepting rent from the tenant after the lease has expired, the landlord may be consenting to a hold-over tenancy.

Can a tenant leave before the lease expires?

While many landlords fear that a tenant will leave before the lease expires, it is also common for the tenant to remain in the rental beyond the term of the lease. This “hold-over” tenancy can present a number of disadvantages for a landlord:

What to do if your renter doesn’t leave?

If rent was paid weekly the periodic tenancy will be week-to-week. If the lease expired and the tenant won’t leave you’ll need to either file an eviction or let the tenant be. If you do nothing than the tenant will become a holdover tenant as discussed earlier in this post.