Wednesday, July 7, 2010

Can a landlord terminate a rental lease at the end of the term period without a reason?

The lease has run out and we want to change tenants. What if the tenants do not vacate by the end of the lease period after receiving a 30- day notice from the landlord?Can a landlord terminate a rental lease at the end of the term period without a reason?
You can terminate it. The lease is over, and you give proper notification.Can a landlord terminate a rental lease at the end of the term period without a reason?
You can notify them that you are upping their rent. Or you can choose to not renew their lease.
go to the court house and file a forceable detainer action. they have a certain time period to leave, then you can remove them through force while law enforcement watches.
Yes. Once the lease is up it's up there is no more lease. If you refuse to vacate the landowner can have you evicted.
Yes, if tenants have not vacated - you have to go to court and have them evicted
You dont have to terminate the lease since its already expired. However evicting the tenants immidiately will not be easy since you did not serve them a notice prior to the termination of the lease.





You may still serve them a month notice. Legally you are not required to furnish any reasons but it would be better to do so because the tenants can demand an injunction or stay order which would complicate the matters and you might have to enter into an ad-hoc lease agreement for indefinite period. To safegourd against this contingency, it would be best to state the reason that you have decided not to rent the property to ANYONE in near future.
1st question: Once the lease aggrement is up thats it. You made the smart move if you gave them notice in writing. 2nd question: Be very careful here. Check you contract. Do you have a clause about what happens once the lease expires? Does it go month-to-month thereafter? Do you have to re-negotiate? If you don't have any of that your in a bad bargaining position. Try to up the rent. Tell them you have a tennent who will pay more. If they call your bluff DON'T EVER SAY EVICTION. 9 out of 10 it will get you in trouble. In some states it is illegal to evict a tennent for not moving out. BEST IDEA? Call a lawyer. Too cheap? Find a REALTOR who knows rental laws in your state. Best of luck.
If you followed the specifications of your current signed lease, regarding notice to terminate, and the tenants haven't vacated the property you may want to consult your local authorities regarding the process for eviction.





For future reference you might want to send all written notices to tenants via certified mail with a return receipt. This will give you dated proof that you sent such a notice.
EVICT!

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