Eviction - end of lease question.

8 Replies

Have a question for the board. I have a tenant with a lease that began August 1, 2017 and ends July 31, 2018. She paid her rent fine until June of 2018. In June she shorted her rent by $190. In July she shorted her rent by another 190. On 7/1/18, I gave her the standard 30 day notice that I would not be renewing her lease. I have the clause in my lease that says when the lease is over either can party can give a 30 day notice to terminate the lease. She has confirmed to me that she received this 30 day notice in writing from me. My question is, if she doesn’t leave on 7/31/18 then what do I do. Surely I don’t have to send a 7 day letter and go through the standard eviction process?. I always hear people talking about staying on month to month lease with tenants..... but if you still have to go through the eviction process, then what’s the point. Thanks for the help Corey Demers.

Disclaimer: Always check your local laws and regulations.

That said, if the tenant does not move at the end of the month, you will probably have to initiate legal eviction proceedings.  Were I you, I'd file on August 1 if she has not moved out by then.  If you suspected earlier that she might not move out, I probably would have filed on July 1 after she was short on the rent for a second month in a row.  

I am in Alabama if that helps.

Then why do landlords say there are advantages of month to month. Giving someone a 30 day notice is basically worthless if I still have to pay the $500 to evict per state laws. Start with the 7 day letter and then file for an eviction.

I am a recent landlord in Alabama and that is much better than Vermont. Vermont is very tenant friendly. I am happy to be starting my Alabama portfilio.

Darrell

@Corey Demers , you do not have to give a seven day notice in Alabama if the lease has expired. The seven day notice is more properly called a "Seven Day Notice of Default and Opportunity to Cure."  You do not have a default situation. You simply have a holdover tenant who is no longer entitled to possession. 

Originally posted by @Denise Evans :

@Corey Demers, you do not have to give a seven day notice in Alabama if the lease has expired. The seven day notice is more properly called a "Seven Day Notice of Default and Opportunity to Cure."  You do not have a default situation. You simply have a holdover tenant who is no longer entitled to possession. 

 Ok so I don’t need to send a 7 day letter but I still have to hire an attorney to get them to actually leave?  My question is how do you actually get them out of the house.  Usually I send the 7 day letter - then the attorney files the paperwork- and about 21 days later the sheriff is called and we put their stuff at the street.  

@Corey Demers , If they will not leave, you file the eviction lawsuit. It will usually cost you $500 in legal fees and around $200 in court filing fees. You can get service the same day by using what is called "nail and mail service."  Assume that is the case. Then you must wait 14 calendar days for the tenant to answer. If the tenant does not answer, you can take a default judgment.  It will take another 14 days before it is final and non-appealable. You can obtain your writ of possession fairly soon after that. You must make an appointment with a sheriff's deputy to supervise keeping the peace while your people move the belongings out on the curb. At the current time, Jefferson County sheriff's department personnel have about a 60 day backlog on turnout orders. That's why, as unfair as it is, many landlords offer cash for keys.