Not renewing lease on a tenant.

[Matt Durik]

Question, There lease isn't up in till the end of April. After giving them notice ( 30days). They don't move out. Will this start the basic eviction process? If so give them more notice so they stop paying rent and start the eviction process sooner.

[Nathan Gesner]

Quote from @Matt Durik:

Question, There lease isn't up in till the end of April. After giving them notice ( 30days). They don't move out. Will this start the basic eviction process? If so give them more notice so they stop paying rent and start the eviction process sooner.

I'm curious why you are worrying about this when their lease isn't up until April? Are they exhibiting behavior that makes you concerned they'll refuse to leave?

The eviction process does not start automatically. You have to take action. You should be prepared to start the eviction process the very first day legally allowed. If your tenants see that you mean business, they are more likely to vacate.

You can find the eviction process online. Here's one example: https://renters.equalhousing.o...

[Patricia Steiner]

Should the tenant not vacate after the lease has expired - this is important:  Do NOT accept any rent from the tenant.  None.  If you do, it starts a month-to-month tenancy - and you'll have to give notice again, repeat the process.  Here's what I recommend:

1.  Do give the notice. And, if you have concerns, send it to them via email and retain a copy - as well as send it by US Mail with proof of delivery required.  That way, if you have to evict, you have the documentation you need.  One more thing here:  give a time of departure.  If you lease did not state an end time in it, then note the lease will cease on (date) at 11:59 p.m. - and that a locksmith has been engaged to change the locks upon their departure.  (It's not a bad idea to do that if you have concerns so that they don't come back in).

2.  At 15-days before lease end, schedule a final walk of the property with the tenants. It should be on the last day of the lease or before if the unit is vacant. Give instructions on what should be done by the tenants to retain their security deposit and/or avoid damage assessments; these include: removal of all personal items/trash, appliances/bathrooms emptied and cleaned - basically the unit is to be returned in the same condition as when they rented it (less normal wear and tear).  This step lets them know that the clock is ticking and that you are moving forward with their departure.

3.  At 5 days, confirm the walk through appointment.  If there is any push back by the tenants, let them know that the unit has been committed to another party and, as such, there can be no extension beyond lease end.

4.  No Tenant Response to your notices/scheduling requests...give a notice of inspection to the tenant giving your state's notice.  Most have 72 hours or less. Then show up with another party as a witness and walk the property; photograph any damage. If the tenant is present, reiterate the lease expiration.  If they tell you they're not leaving, stay calm and let them know that should they not legally depart per the lease and notice, an eviction will be filed the next morning - and that's something that you don't look forward to doing and that will have ramifications for them.  Then refuse to be engage further. 

5.  Confirm departure.  Revisit the unit on the first day following lease end.  If they're gone, buy a lottery ticket!  If not, file for eviction. Most municipalities have an online filing system that is efficient and inexpensive to use.  

This is more than you probably wanted but - as you can tell - it does happen and there are ways to keep the focus on lease end departure.  Hope this helps.  Fingers crossed for their departure.  

[Eliott Elias]

Is it stated in your lease that you can give a 30 day notice at any time? You're going to have to wait till the lease ends 

[Matt Durik]

I thank everyone for their responses. Let me go a little further. they are on a 15-month lease. The first six months we're good. Then the sound and dancing started. I filed for eviction once. Which woke them up for a month then the dancing started again. I'm just tired of it and I'm no stranger to the eviction process. I thought it was the law to give 30 days. So my concern is if I start the eviction process at the end of April staring with the magistrate for procession if granted then thirty days to appeal then another hearing and so on. Before you know it three months have gone by. ( Which would be the middle of summer) I have a good feeling once I give notice they will stop paying rent. So then go for rent and procession. Hoping to end the process at the beginning of summer and not the middle.  Thank you Patricia

[Andrew Goodermote]

Your lease would control, but be careful, if the lease doesn’t waive notice to quit, this notice would also need to be posted after the termination notice: i.e. when they don’t leave at end of the lease’s term. 

Disclaimer: I would recommend a local real estate attorney review the lease to be sure everything is done correctly.