Some people don’t get the hint, and you can only stand politely at the open door for so long. Eventually, you’re going to need to kick them out!
Good business makes sense (and probably money too), but tolerating bad business relationships costs you money. Case in point: that tenant who just won’t leave.
By default, if neither you nor the tenant enforce the termination of a residential lease, that lease will lapse into a month-to-month tenancy. All of the provisions of the lease stay in place, including the rent amount. Unless you both agree on new terms in writing, the cost of doing nothing is that everything stays the same.
You may be perfectly fine with this arrangement, while it’s convenient for you, but what happens if the tenant abruptly leaves? You’re left with an empty unit and, due to the time of year, may be unable to generate a new tenant for weeks or months. Worse, you may have a tenant who refuses to sign a new contract for higher rent and who refuses to leave.
If you want to charge a higher amount of rent after the initial term of a lease has ended, if you want to rent the unit to another party, or if you want to use it yourself, the best way to get your property back is to enforce the end of the lease in writing. You should give written notice to the tenant terminating the lease according to the terms of your written agreement (usually 30 or 60 days in advance of the end of the lease term). If the tenant stays beyond that date, immediately send a Notice to Vacate and be ready to file for eviction.
What if the tenant pays rent? Reject it. Send it back. If you accept rent, they get 30 days, easy as that. You cannot demand possession of a rental unit while you accept rent. If you want your property back after the lease term has ended, demand possession in writing, and DO NOT accept rent.
Do you have a tenant who doesn’t get the hint? Need some help? Call us today. (832) 305-7694.