922 - What If A Tenant Doesn't Move Out In Time? by Scott Gibson

It’s a nightmare scenario for any landlord. The lease expires, and your tenant doesn’t move out on time. You are then faced with the complicated decision of legally removing the tenant. After all, you cannot change the locks, cut off utilities, harass them, or do a self-help eviction. While the tenant won’t leave the rental unit, you are probably not getting monthly rent payments. 

Unfortunately, the situation when a tenant stays on after the lease expires — called a holdover tenant — is all too common. What is worse — tenants’ rights mean you are limited in what you can do, despite being the legal property owner. 

It may seem that your only option is to start legal proceedings. But, as any landlord knows, the eviction process can be expensive and time-consuming. And there is no guarantee that you can recover unpaid rent.

Are there better ways to remove a tenant who refuses to leave after the lease period expires? This article will help you know the answer to two vital questions: 

• How long can a tenant stay after the lease expires?
• What should you do if a tenant doesn’t move out on time?

Understanding your legal position when a formal lease agreement expires is critical to answering these two questions. 

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