Lease has expired - Evict or Non Renewal Notice

6 Replies

Hi all -

I'm curious when a lease has expired and you no longer want your tenant to live in the property, is an eviction required or can you just send a letter to move out?

I ask because I am about to buy six SFHs and am planning on placing the tenants on a 90 day trial period before signing new leases.  If I find that during that period some of the tenants are slow or do not pay, I wanted to know if I have to formally evict them or just send a letter to move out.  All existing leases have already expired.

Thanks,

Ehab

Originally posted by @Ehab Shoukry :

Hi all -

I'm curious when a lease has expired and you no longer want your tenant to live in the property, is an eviction required or can you just send a letter to move out?

I ask because I am about to buy six SFHs and am planning on placing the tenants on a 90 day trial period before signing new leases.  If I find that during that period some of the tenants are slow or do not pay, I wanted to know if I have to formally evict them or just send a letter to move out.  All existing leases have already expired.

Thanks,

Ehab

 In Ohio, I must give a 30 day notice that the month-to-month lease is ending. If he stays past the end date, I refuse their rent and post a 3 day notice to vacate. Then I file the eviction.

@Ehab Shoukry

Look to the language of their leases, if any exist. If it's for a fixed term, you cannot remove them unless they breach the lease and you evict (most typically for non-payment of rent).

If they are merely holding over their term, or their fixed term lease converted to a month to month lease then you can terminate the lease for any (non discriminatory) reason with a 30 day notice.

A couple of other points. The 30 day notice will actually terminate their right to possession at the end of the period that is 30 days out from the time you issued it. 

Example: The tenant is on a month to month lease running from the 1st to the 31st of the month. You serve a 30 day notice on that tenant that their lease is being terminated on 8/19/15. The 30 day period expires on 9/18/15, 30 days later. Of course, the tenant still has the right to possession through the end of September. You are no longer under any obligation to accept rent starting 10/1/15, but accepting rent means that you'll let the tenant stay. Should 10/1/15 come along and the tenant has not left, you now can legally evict. In fact, if the tenant does not voluntarily vacate at this point your only real legal recourse is to evict. 

That all makes sense.  So in reality, even though the lease period has ended the only way to "make" a tenant move who is unwilling to is to evict them.  That really seems like a bad deal for the landlord that you have to evict a tenant even when their lease has ended.  

You would think that the since the contract terms has ended it would be a lot easier to get someone to move out. 

Doesn't the lease have a month to month clause once it expires?  

Most TAA (Texas Apartment Association) leases have two key phrases.

[Paragraph] "...32. DEFAULT BY RESIDENT. You'll be in default if: (1) you don't pay rent or other amounts you owe on time...

...Eviction. if you default or holdover, we may end your right of occupancy by giving you a 24 hour notice to vacate,"

@Ehab Shoukry

Typically leases in Texas do not expire but are renewed on a month to month basis after to term is up and either party is required to give a 30 day written notice to terminate.

What do your leases say ?  After you evaluate them, you can either give them the 30 day notice to vacate or a 30 day notice of a new lease unless they agree to waive that