Tenant lease is up but they are still there

Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes

My tenants have damaged our property and we are not renewing. Their lease is over , but they still have the moving van etc still in the driveway. They claim it is not possible to be out for another few days. So can I go in while they are there and start to assess damages? The lease has legally expired.

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OR · Member since 2008 · 1k+ posts · 845 votes

13y

Did you give them the proper written notice that the lease was not being renewed and that were to vacate by *date*?

If so, you can file for an overstay eviction right now.

If the U-haul is in the driveway, it would probably be cheapest to wait them out.

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Rob K.
Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
13y
I wouldn't go in without their permission. They are still in posession, even though they should not be. I would tell them you need to go in and look around and ask what a good time would be.

If they don't cooperate, you would need to serve them with a either a seven day notice for non-payment, or more likely, a 30 day notice since their lease is expired. You are probably best to wait the few days, or offer them a few bucks to be out soon.
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Joel OwensBusiness Member
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Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
13y
So they are actually moving without you having to evict them?? If so you need to count yourself very lucky.

I can't give legal advice but the tenant generally still has rights as a holdover tenant even though the lease has expired. Usually if the lease expires then a month to month situation is created thereafter.

Landlord and tenant laws vary by state so you really need to consult an eviction attorney to learn more.

Typically you can post an inspection report on the door and 1 to 2 days later go in.

Are all the tenant moving out or just some of the people staying there?? If not all are moving you need to evict even if they were not listed on the lease.

No legal advice.
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Jon Holdman
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y
When did their lease officially end? Do you have written documentation it ended?

For me, if they were supposed to be out by April 30, and they were still there on May 1, I would have been demanding rent for all of May. If I didn't have it on May 5, I would have posted a pay or quit notice that morning. Here in CO, you can start the eviction process three days later. That would be tomorrow. If they weren't out, and we had not come to some arrangement, I would file eviction tomorrow.
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OR · Member since 2008 · 1k+ posts · 845 votes
13y
Did you give them the proper written notice that the lease was not being renewed and that were to vacate by *date*?

If so, you can file for an overstay eviction right now.

If the U-haul is in the driveway, it would probably be cheapest to wait them out.
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Jon Holdman
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y
The danger with waiting them out is that you could be waiting a long time. OTOH, the downside to filing the eviction is cost. My hope would be the pay or quit notice would be enough to motivate them to "quit".
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Property Manager · Big Bear Lake, CA · Member since 2013 · 585 posts · 330 votes
13y
I would definitely post a pay or quit notice immediately. Then you at least have options if they aren't gone soon. Hopefully they will be out before it even expires. When you post the notice, tell them that they owe money for every day that they stay. That should motivate them to move quicker.
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Mark Forest
OP
Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
13y
The lease ended today, 5-8-13. They sent us a 30 notice that they were not going to renew and our lawyer sent them a notice the same day that we were not going to renew. This is not going to be an easy eviction as my wife just told me that on of them complained that some of their property was damaged while in our house.

We have pictures of them having dog urine and feces on the floor, garbage bags stacked in the garage, and flies infested in the kitchen, so I think it is their housekeeping that damaged their own property. I do not know how they can blame us for that. We never received anything in writing complaining about the house.
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Mike Franco
Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
13y
lease is over = proceed directly to unlawful detainer.

no pay or quit notice needed.

They are trash, and you may need to spend the money to haul them out.

since today is the last day, give it 2 more days after warning them unlawful detainer will be filed
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Jon Holdman
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y
What, did the roof fall on their stuff and damage it?

IDK the process in MI. Hopefully you or your lawyer does. I would start the process ASAP.
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Joel OwensBusiness Member
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Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
13y
Steve the point is we can all relay experiences from being landlords in other states than yours but that does not mean our processes or laws apply to your property and location.

This is why your local eviction attorney is best for tenant laws and statutes for that state.

In Georgia you have a holdover tenant. Just because the main lease period ended does not mean here you can just say get out and in days they will leave. It simply does not work that way where I am at and you have to go through rules and procedures.

They sound nothing more to me than a professional tenant that is now counter claiming damage to counter act you trying to seek damages against them.
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Roy N.Pro Member
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
13y
Steve Might: Check your local laws. Here in NB, if I were to accept rent from a Tenant after their lease had terminated, the "default" month-to-month lease under the Residential Tenancies Act would be deemed to be in effect.

If there is a similar statute in your jurisdiction, you do not want to accept any further payment from them, but rather treat them as squatters and have them removed.
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