Question:

If a tenant's lease has expired (and it is not renewed), yet she is still living in the house, can I....?

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.... have her forced out, or do I still need to go through the eviction process?

If I need to go through any formal legal process, how long does it take? How exactly do I go about it?

This tenant is taking complete advantage--didn't even pay the last few months.

Please, help-- could that be considered trespassing?

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6 ANSWERS


  1. If the lease isn't renewed and they're still there and aren't paying rent, sue them.  give them written notice before you can throw them out.  Check your local landlord-tenant laws.


  2. You can't actually force them out.  All of their possessions are in the house, so they actually have rights under the law to be their.  Don't bother calling the police, they (the tenants) aren't doing anything wrong in their eyes...it's a Civil Matter.  The only way to get them out is to file for possession in a small claims court.  The law is slow, but it works.  Sue them for all that they owe you, and possession right now, don't wait any longer.  We live in Pennsylvania, and it takes about a month by the time a court date is scheduled and we actually go to court.  If they don't get out by the deadline that the judge gave them, then we have to go back and sue for a "lock out"  This takes another 3 weeks or so.  The greatest feeling is when you meet the constable at the house, he knocks on their door and gives the tenants about 3 minutes to get all they can get out of the house, then he puts a padlock on the door.  It is then illegal for them to be in and around that house, you could have them arrested because you have an order from the court.  

  3. you will have to use the legal process but start out with giving her 10 days to vacate and in the letter let it be known that the lease will not be renewed and after 10 days she is tresspassing then call the police  

  4. Have u ever watched family guy? approach the door with a cup of oj in ur hand n ask bout money that is owed to you, if they refuse to pay finish drinking ur juice then smash the fuking glass on there face then proceed to kick there ******* ***! grab there face n put it under the toilet seat which you then will use to bang on there ******* head till they have brain damage n hopefully memory loss! Continue with the *** kicking while screaming at the top of your lungs "GIMMIE MY MONEY!!!!! GIMMIE MY MONEY!!!! afterwards get a towel for them to wipe there bloody face with n tell 'em you want the money by 5pm sharp!!!!!!

  5. If the lease wasn't renewed then she is considered a tenant at will or a month to month tenant..  If she isn't paying rent then you need to send her via Certified Mail a three day notice to pay or quit.  If after three days from receipt of the notice (not including holidays or weekends) then you need to go down to the courthouse and file eviction paperwork.  Once filed it'll probably take anywhere from 1-6 months to get processed and get a court date.

    Once a judge grants you a Writ of Possession you can get your residence back, but not before that date.  She's not trespassing, she's now a tenant at sufferance since you don't want her there and you have to legally get her out.  You cannot turn off her utilities or water or anything or you will be in violation.

  6. You need to know the laws in your area before you do anything.  You have deadbeats and they've probably been through it before and know all the angles.  Here you can call the JP's office and get info.  And. . .call the police or sheriff and ask them what you can do.  They will probably tell you that it is a civil manner but it's worth a try.  Here you can also lock people out.  You must post a letter of intent to lock out and give them three days to pay or be locked out.  Then you can buy a lock that slips over your regular lock and lock the door.  When they are locked out they may only remove their clothing, medicine and food.  If they attempt to remove anything else, call the law.  The down side is you must go over and let them in when they want in (but don't hurry)  At the same time you post the intent to lock out, you post the eviction notice and here you go to a jp and it isn't a long process.  And when it is all over be sure you have numbers, license plates #, driver's license #s so that you can find them when you take them to court for all that they owe you plus court costs.  Even tho' you get a settlement, you still have to collect but at least you have demolished their credit so they can't do it to anyone else.

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