Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

[Stephen Homes]

I am in the process of evicting a tenant who has refused to pay the increased rent and continues to stay in the rental unit past the lease expiration date (June 30th). The tenant paid the old rent amount for July, ignoring the rent increase that was properly served 90 days prior to the lease end.

My concern is that if I lose the eviction case in court, I cannot afford to keep renting to them. If a major repair is needed while they remain in the unit, I will not have the funds to cover it. This puts me at significant financial risk.

For years, I kept the rent well below market value. Even after the 35% rent increase, the new amount is still several hundred dollars under market. The tenant, however, is acting entitled to stay and is completely disregarding the fact that I have kept the rent low for so long even after the increase.

What can I do to ensure a successful eviction under these circumstances?

I am evicting a tenant for not paying the rent increase and staying in the rental pass their lease date (June 30th). Tenant paid the old rent (not increased) for July. My concern is that if I lose at court and not be able to evict them, I can’t afford to continue renting them and God forbid if there is a major repair I will not have the funds to repair the house. What do you suggest me to do so I can evict them no matter what now?

For years I have kept the rent very low. I sent rent increase notice and notice to quite 90 days prior to their lease ending. The rent increase is 35%, but the new rent is still a few hundred dollars under the market value. Tenant feels so entitled to stay and disregarding all these years me keeping the rent low and still keeping it low after rent increase.

[Colleen F.]

@Stephen Homes Get a lawyer now.  You may have rent control but if not you will need to file an eviction and a lawyer in your area who is an expert in landlord tenant law is the way to go. If you can't afford to rent to them in the case of an issue you need to pay them to leave or sell.