After the lease is up?

Question

What happens if the tenant still doesnt leave? Do you have to get an eviction attorney? Can you go in and lock the doors? Does it depend on which state you live in?

Answer 1

Did you give them enough notice that you would not be releasing the place? If you did, they must leave. If you didn't do it now.  

You should give them at least 2 months notice if they were good tennants.

Answer 2

.     I am a landlord.  I am a wimp.  I go in with cash and tell the squatter that i will pay cash today if they are out and give me the keys.  I don't want it clean.  Just leave my house now.  No 48 hour extensions, either. I know what will happen to that.

Otherwise, i pay $35 at Small Claims Court. The tenant won't show at court in 25 days. I will win. THen i can go inside.  What a pain.

Answer 3

That depends on whether you want them to leave or not. If you are trying to get them out, you will need to serve then notice. In most states that is a 3 Day Pay Rent or Quit notice, however if they pay the rent, you must allow them to stay.

If they have not signed the new lease or you want them out at the end of the lease, you will have to serve them notice of eviction. Do this at least 30 days prior to the end of the lease. Some states, notably California, require longer notices.

Some states require you to serve them through the courts, but most allow you to do personal service. I would send it to them with written receipt, where they sign they received the notice. That is evidence enough usually. In Kansas, all I need is evidence of mailing. They don't have to sign for it at all.

In addition, there are companies that can serve the papers for you for about $25 to $50 if you choose to use them.

DO NOT try constructive eviction. This is where you try to drive them out of the property by doing construction. You could be responsible for triple rental payment damages and additional damages for their moving and housing in a different apartment or house.

Usually you can intimidate them with notices of additional legal fees if they don't move. Do not go overboard on this. Just imply that they could be responsible for additional damages, including eviction, court cost and legal and collection fees if they fail the deliver up the property on the specified date.

Start looking for an attorney. Usually you can find one that can get them out quickly, depending on the state. I have one that gets them evicted under ongoing fraud and theft of services. Usually he gets them out in two weeks. It shouldn't cost you anything to question them about what they can do for you.

Good Luck

Answer 4

Depends entirely on the state. In Massachusetts, it is very hard to evict a tenant, as long as they continue to pay the monthly rate of the last lease. If they have kids, and you can discover that the apartment has lead contamination, you could move them out, to contain the toxins.

Answer 5

No one needs an attorney for an eviction. They are done through a local district justice. If you want them to leave you can give them the required 30 days. No you can't lock them out without a court order. Yes every state has different rules.

Answer 6

I had to evict a deadbeat tenant.  I sent a notice of eviction and would have obtained a forcible detainer from a court if the tenant had not moved.

I had my daughter, who is an attorney, prepare the papers.  She does not normally handle this type matter, but it is a cut-and-dried sort of document that any attorney can pull up on a computer and fill in the blanks.