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justme75 | We have a renter who's lease agreement is up August 31st.? |
We will not be renewing his lease at that time. We have a feeling that he is going to drag his feet about moving out. If he is still living on the premises after that date, would he be considered trespassing on our property?
Additional Details
We live in Wisconsin |
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bull_rooster_aardvark
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He isn't trespassing he is a former tenant who is "holding over". You can't have him arrested, or anything (since he had a valid agreement earlier), you'll have to go thru the eviction process. Just give him plenty of notice and talk with him and make sure he gets that he really needs to be out on the 31st. If he is not out by then you can give him a bad landlord reference when he goes to rent somewhere else, so he does have good reason to be out when he should be. |
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Hi I'm Karma? U heard I'
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After the lease is up, it will turn to a month to month. I have tenants who's lease is up in Oct. I have to let them know 90 days prior of I am increasing the rent. I so no wish to renew their lease,so in the notice I will let them know that I am increasing the rent and that should they be present a day after the lease is renewed, they will owe me for the increased amount. This is perfectly fine. Even if you do not increase the rent, just make believe so that they do not wanna stay any day past their lease end. And make sure you send the notice certified, or in person and make sure they sign the new terms. |
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David C
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No, he would not be a trespasser he would be a holdover tenant.
You should give him written notice that you are terminating the lease and that notice should be given more than 30 days in advance of the termination date.
If he has not moved by that date, it will be necessary to file an unlawful detainer suit to have him evicted. You should be able to recover unpaid daily rental for each day he holds over, costs of the lawsuit and reasonable attorney's fees.
Good luck. |
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drewxjacobs
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Send him a certified letter advising him that his lease will not be renewed and he is expected to vacate the premises by August 31, 2008. |
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Mommy2B
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Yes if you are not renewing his lease then you have to send him a letter stating that you are not renewing his lease. The letter has to include the lease end date and the time he has to be out of the house, and where he needs to drop the keys off at. Inform him that if the keys are not in that location you will have to file for eviction. Now if he has a montha and a half to plan to move there shouldnt be any reason on him staying past the date, plus noone wants an eviction if they can help it. If he gets a refund for deposit or anything like that, make sure you put that on there to, that you will do a walk through of the house and if everything is clean and no damages then his refund will be mailed to his forwarding address that he needs to include in with the keys, but if he does not get any refund or deposit back you dont have to include that. Inform him that if he does plan to stay month to month than his rent will go up $100 (or what ever you charge). If he can pay that til he finds another place then fine, that should be pretty clear, cut and dry for him.Good Luck. |
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Kittacatquestion
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Send him a letter informing him - that way he has plenty of time to move out. Give him a date that he has to be out by. |
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Sourpatch Shell
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Unfortunately if he does this you will have to go thru eviction procedures. Did you send notice to him explaining that you are not renewing him? Be sure to get a letter out a.s.a.p preferably return receipt so you have proof he got the notice. |
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CAtransplant
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The laws vary depending on where you live. Are you in the US? You should give him a three day notice to quit, and if he doesn't move, start eviction procedures. Check with your own state about requirements. This information should be in the lease he signed. You did have a lease and did a background check, right? |
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smilesforever
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Actually....i think you start charging him on a month to month basis. I actually had a misunderstanding situation like that with my apartment complex. My rent had been 731 a month and after my lease was over and i didn't move out, they began charging me like 965 a month....but we got it all fix. |
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ClarkWorld
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Yes but I know some states have laws allowing grace periods. |
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abacaxitoo
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Send him a reminder in July that the lease will not be renewed and that he will be expected to vacate on or before August 31st. Give the dates for the move-out inspection, and notify him that you will start showing the apartment to prospective tenants on August15th (give some reasonable hours).
If he is not gone on the 1st of September, you have to start eviction proceedings ... it's not as simple as throwing his stuff in the street. |
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glenn
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In most states the lease does not end automatically. He would need to give you notice (often 30 days) and also if you want his lease to end you would need to give him notice (often 30 days).
If he does not move out at that time then you would need to evict him, that process is different everywhere. |
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Randys Band
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Technically, yes. However, most states require that a formal notice be served by the local County Sheriff. As well, once served, if a Rentee makes the decision to fight the eviction in court. They can then not legally be evicted until the formal hearing is held. At which point most renters lose that fight; however, most judges allow a 30 day grace period after the court hearing for renters to remove themselves and their belongs from the property. In most states the entire process for a renter that wants to fight the process takes 60 to 90 days. But then again, that's only for renters that actually have a copy of their lease. |
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