Landlord Question and Answer Forum

Forum / Move-Out & Eviction / lease automaticly termiates, tenet refuses to leave
If the lease agreement is over do I still have to go through an eviction process or can I have the police remove subject for trespassing? set term lease. If do how do I right an eviction notice when there is no lease to violate?
Randee B, ND on Friday, September 28, 2012
RE: lease automaticly termiates, tenet refuses to leave
A "Notice to Vacate" should be properly served after the tenant's last day has passed.
Posted by Luis M, NJ on Sunday, September 30, 2012
RE: lease automaticly termiates, tenet refuses to leave
you still have to go through with the eviction process before any legal action or removal can be done by the police or authorities.
Posted by chanelle c, CA on Monday, October 1, 2012
RE: lease automaticly termiates, tenet refuses to leave
This is considered a "holdover" when a tenant has given notice to vacate or has been given a notice to vacate but remains in the rental unit. An eviction would need to take place, first by providing notice to vacate and second, after the time limit specified within your notice, in compliance with your state's requirements; a court filing for removal. The police will not get involved in this and they will most likely tell you that you must go through the proper channels. Forcebaly removing a tenant on your own, such as changing the locks is not permitted and can put a landlord in alot of hot water.
Posted by Denise S, PA on Monday, October 8, 2012
Documents related to this forum

California Notice of Belief of Abandonment

California 3 Day Notice to Perform or Quit

California 3 Day Notice to Pay or Quit

California Unlawful Detainer (Complaint)

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