Eviction after tenant receives 30 day notice?

Question

Out of curiosity (and this is probably state specific)...If a lease is ending and you give a tenant 30-day notice that you're not renewing it, and after 30 days they refuse to move, what happens? Do you have to go through the normal eviction process, or does it become trespassing at that point?

Kyle J. · Answer

It can vary by state, but in general you'd have a holdover tenant and you'd need to evict to regain possession of the property.

Nathan Gesner · Answer

If you give notice and they remain in the home beyond the termination date, then the next step would be to evict.

Account Closed · Answer

@CJ M. Looks like you will need to start the eviction process. Good luck.

Account Closed · Answer

@Jace Thornton

Thanks for the input. Fortunately, this was a hypothetical question and I'm not going through it (knock on wood)

Jennifer T. · Answer

I'm in a fairly landlord-friendly state.  I had this exact situation happen.  I gave a tenant a Notice to Vacate.  It was served to her 45 days ahead of time (only 30 days is required).  She refused to leave.  I filed for an eviction on the very first business day after the vacancy date had passed.  I didn't look into if it was "trespassing".  I suspect going that route could have been as long, if not an even longer process.

Jill F. · Answer

Yes. On the first day of the next month you can post a notice to quit for holding over and if the tenant is not out in 3 business day after the posting of the notice, then you may file for eviction.

Alan Grobmeier · Answer

@CJ M., if you do send a ‘quit notice’, tell your tenants before it’s posted on the front door.  Tenants are stupid & will think you’re evicting them.  ;-)

Eviction after tenant receives 30 day notice?

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