Can You Evict a Tenant After Lease Expires?
In the real estate industry, leases frequently expire. When a lease agreement expires, the tenant and the landlord have several alternatives. One option is to extend the lease; another is to let it lapse and have the tenant vacate. Nonetheless, after the lease expires, eviction may sometimes become unavoidable.
In this article, we will look at the eviction procedure following a lease expiration, the rights of tenants who have a lease that has ended, and what landlords may do to guarantee a smooth eviction process.
Tenancy Agreement Types
It is critical to understand the many lease agreements accessible to you when renting a house. The most prevalent types of tenancy agreements are as follows:
A. Lease with a certain term: This lease is normally for six months or a year. The lease will specify the tenancy’s start and end dates. The rent amount and other lease terms and conditions can only be amended if both parties agree.
B. tenancy on a month-to-month basis: Unless either party gives termination notice, this agreement automatically renews monthly. A month-to-month lease gives both parties additional freedom. With adequate notice, the landlord may alter the rent or other terms, and the tenant may terminate the lease.
C. Subtenancy: A subtenant rents out a portion or all of a tenant’s rental unit. The original tenant is still responsible for paying the landlord’s rent and ensuring that the subtenant abides by the lease terms. The subtenant, on the other hand, may have legal rights as well.
D. Illegal tenancy: When a person occupies a rental unit without a good lease or rental agreement, this is considered trespassing. This can occur when a renter permits someone else to move in without authorization from the landlord or when someone moves into an empty unit without signing a lease. Eviction and legal penalties can come from an illegal tenancy.
Knowing the various types of tenancy agreements will assist you in making educated selections when renting a house. Before signing any lease or rental agreement, thoroughly read and understand the terms.
What Happens When A Lease Expires?
When a lease arrangement expires, both the tenant and landlord have options. As a renter, you have three options: move out, pay rent every month, or sign a new lease. If you decide to keep paying rent, the provisions of the expired lease will usually be carried over into a month-to-month tenancy. You can learn more here.
Yet, in some areas, if the landlord accepts rent payments from the tenant after the lease has expired, the lease may be automatically renewed. Examine your state’s lease renewal laws to avoid being taken off guard.
On the other hand, landlords can stop a tenancy at the end of a lease arrangement. Yet, even if the lease specifies the termination date, several jurisdictions require landlords to provide renters’ notice. The notice period varies by jurisdiction, but it is normally approximately 60 days to allow tenants enough time to find new housing.
It’s important to note that if a tenant does not sign a new lease or pay rent, the landlord may initiate legal action to evict them. To avoid misunderstandings, always contact your landlord and explain your plans towards the end of a lease.
What Are Holdover Tenants?
As a tenant, you should be informed of your lease agreement’s provisions and when it is set to expire. You may become a holdover tenant if you continue to occupy the property after the lease agreement has expired.
A holdover renter continues to live in a rental property after their lease has expired. In this case, the landlord can accept rent payments and allow the renter to remain in the property or take legal action to remove the tenant.
Tenancy at will and tenancy at sufferance is the two types of holdover tenancy.
When a tenant continues to pay rent with the landlord’s permission until either party decides to terminate the agreement, this is called a tenancy at will.
On the other hand, tenancy at sufferance occurs when a tenant remains in the property without permission from the landlord and has not been evicted.
It is crucial to note that, depending on state regulations and the provisions of the original lease agreement, a lingering tenant may trigger a new lease term or a month-to-month lease. In rare situations, the landlord may be able to cancel the lease by providing the tenant with written notice.
It is always best as a tenant to contact your landlord and ensure that you abide by the conditions of your lease agreement. If you intend to remain in the property after the lease has expired, you must discuss your choices with your landlord and reach a mutually beneficial agreement.
How to Avoid Unwanted Holdover Tenants
Holdover tenants can cause landlords and property owners problems. They can cause rental income to be disrupted, legal concerns to arise, and stress and inconvenience. Landlords and investors should take precautions to avoid unpleasant, lingering tenancies.
Clear and thorough communication with residents is one of the most effective ways to prevent lingering tenancies. This entails informing renters well in advance about their lease’s expiration and options. Landlords should notify renters at least 60 days before the end of their lease about the end of their lease and what they need to do to renew or move out. This provides tenants with ample time to make arrangements and avoids any misunderstandings.
Another crucial factor for landlords and investors to consider is a well-written lease agreement clearly defining the tenancy terms. A decent lease agreement should include the following:
- The lease’s start and end dates.
- Rent amounts and due dates.
- Any other significant terms and conditions.
It should also specify explicitly what occurs when the lease expires and what options the tenant has.
It is critical for real estate investors to understand the regulations that regulate landlord-tenant relationships in the area where the property is located. Knowing the lease agreement and any existing tenancies will assist investors in making informed judgments about the property. They should also perform due diligence on the property and its renters to avoid surprises.
To avoid undesirable holdover leases, clear and thorough communication with residents, a well-written lease agreement, and awareness of the laws governing landlord-tenant relationships are required. Landlords and investors can reduce the likelihood of undesirable leases and create a more pleasant rental experience for all parties involved by taking these steps.
How Do You Get Rid of Renter Who Refuses to Go when Their Contract Is Up?
When tenants refuse to leave after their contract has expired, landlords are put in a tough position. In this section, we’ll look at some of the alternatives landlords have for evicting holdout tenants and the actions they can’t take.
Understanding Holdover Tenancy
A holdover tenant is a tenant that stays in a rental property after their lease has expired. If the landlord accepts rent payments from the renter, the tenant can legally remain in the property. The landlord may also terminate the tenancy by providing adequate notice.
Options for Removing a Holdover Tenant
If a tenant refuses to leave after the end of their lease, landlords have two options: eviction or cash for keys.
Eviction
Eviction is a legal procedure that landlords might employ to get rid of a settler. The landlord must sue the renter and seek a court order to remove them from the property. Eviction can be expensive and time-consuming, so landlords should seek legal counsel before proceeding.
Cash for Keys
A cash-for-keys agreement is one in which the landlord pays the tenant to quit the premises voluntarily. An alternative to eviction may be less expensive and time-consuming. The landlord and tenant can agree on a payment amount, and the tenant must vacate the property by a particular date.
Landlords Cannot Use to Evict a Tenant.
Landlords cannot remove a lingering renter by using self-help tactics such as changing locks or cutting off utilities. These practices are prohibited, and the landlord may face legal consequences. Landlords must follow the necessary legal procedures to dismiss holdout tenants and prevent legal complications.
Eviction After a Lease Expires
Eviction grounds
Depending on the state laws and the lease agreement, landlords can evict tenants for various reasons. Rent arrears, unlawful activity, and lease violations such as unauthorized pets, subletting, or property damage are all common reasons for eviction.
Notice Requirements
Landlords must follow required notice procedures before commencing an eviction, which differs from state to state. Before proceeding for eviction in court, landlords must usually provide tenants written notice to vacate or fix a lease violation. The notice period varies by state, typically between three and thirty days.
Eviction Procedure
To evict a lingering tenant, landlords must file a holdover proceeding, which is usually done in small claims court. A holdover proceeding is effectively a non-rental eviction. The landlord must demonstrate that the tenant has no legal right to occupy the property and that sufficient notice to vacate has been given.
Tenant Protections and Rights
During eviction, tenants have rights and defenses. Tenants, for example, may be allowed to contest an eviction if they believe the landlord did not follow proper legal procedures, have evidence that they did not breach their lease agreement, or are protected by state or federal statutes such as anti-discrimination or anti-retaliation laws. Tenants can also request a hearing to challenge the eviction and present their case.
Alternatives to eviction
Eviction is sometimes the best option for landlords or tenants. Consider the following options:
Allowing the tenant to stay
If a tenant wants to remain and can pay or rectify the problem, landlords may recommend arbitration or mediation to address the matter. Arbitration and mediation are two common alternative dispute resolution processes that can move things along more quickly and at a lower cost than going through the judicial system. These techniques can help resolve disagreements and avoid eviction.
Begin the eviction process
If a tenant refuses to leave after their lease has expired, landlords have two choices: eviction or cash for keys. Eviction is a legal process that can be time-consuming and costly. If all other options have been tried, landlords may be forced to commence the eviction process.
Offering cash in exchange for keys
When landlords pay tenants to cash in exchange for keys, they incentivize them to leave the premises voluntarily. This strategy allows tenants to receive compensation while avoiding lengthy and costly eviction. To avoid going through the legal system, landlords may offer payment for keys as an alternative to eviction.
Negotiating a new lease agreement
A pay-and-stay plan can enable a tenant to catch up on past due rent while safeguarding the landlord’s right to evict if they miss future monthly payments. If the landlord wants to maintain the tenant but needs to ensure that rent is paid on time, this can be a suitable solution. Negotiating a new lease agreement is also possible if both parties are prepared to work out a solution that benefits all parties concerned.
Conclusion
Moreover, landlords and tenants must understand their rights and responsibilities regarding lingering tenancies. Clear communication and a well-written lease agreement are required to avoid unwelcome tenancies. If a lingering tenant refuses to leave after their lease has expired, landlords can file for eviction or consider other options such as arbitration, mediation, or cash for keys. During eviction, it is critical to follow proper legal procedures while respecting all sides’ rights. Understanding your rights and responsibilities as a landlord or tenant can help you avoid legal problems and preserve your interests.
