Tenant did not leave when lease has ended?

[mllouay]

What is the name of your state (only U.S. law)? Corona, CA

The tenant has signed a 2.5 year lease contract to rent my house. The 2.5 years duration ended yesterday the 23rd of June, and surprisingly they did not leave. They asked me back in April to extend the lease and I said No and they agreed to leave when the lease contract is ended. I have mailed them a move-out letter on June 1st that spells everything out what's needed and expected to move out.

Note: The reason I refused to extend the lease is they are frequently late on rent more then half the time (sometimes they are late up to 3 weeks for rent), they killed the grass in the backyard since they moved in, they almost always never take responsibility always making excuses and complaining basically they are not taking care of the house.

What should I do?

 

[Zigner]

What is the name of your state (only U.S. law)? Corona, CA

The tenant has signed a 2.5 year lease contract to rent my house. The 2.5 years duration ended yesterday the 23rd of June, and surprisingly they did not leave. They asked me back in April to extend the lease and I said No and they agreed to leave when the lease contract is ended. I have mailed them a move-out letter on June 1st that spells everything out what's needed and expected to move out.

Note: The reason I refused to extend the lease is they are frequently late on rent more then half the time (sometimes they are late up to 3 weeks for rent), they killed the grass in the backyard since they moved in, they almost always never take responsibility always making excuses and complaining basically they are not taking care of the house.

What should I do?

Evict them. You will want to read up on CA's laws on evictions. Frankly, it might be worth your time to consult, and possibly retain, an attorney for assistance. They're cheap for this sort of thing, assuming the tenant doesn't prolong the process too much.

 

[FarmerJ]

Did this lease spell it out , clearly saying that there would not be a automatic renewal it expired on X date and that they had to vacate / return the home to you vacant or any thing else that made it clear they were to move ? If this lease was not clear that they were to be vacated by X date then Id say you should have given them proper notice for your state which is 60 days since they rented from you for more than one year telling them to vacate.

 

[mllouay]

Did this lease spell it out , clearly saying that there would not be a automatic renewal it expired on X date and that they had to vacate / return the home to you vacant or any thing else that made it clear they were to move ? If this lease was not clear that they were to be vacated by X date then Id say you should have given them proper notice for your state which is 60 days since they rented from you for more than one year telling them to vacate.

There is nothing in the lease saying it would not be automatic renewal. I did though on May 13, we talked and had an agreement they move out on June 30th. On June 6th I mailed them a move-out letter spelling out what's expected of them for move-out on June 30.

 

[mllouay]

Evict them. You will want to read up on CA's laws on evictions. Frankly, it might be worth your time to consult, and possibly retain, an attorney for assistance. They're cheap for this sort of thing, assuming the tenant doesn't prolong the process too much.

I was mistaken the lease is to be done June 30th, 2016 not June 23rd. I received text from them saying they can't leave tomorrow that they have too much stuff to move and they won't have time. I told them no they must move tomorrow June 30th. They said they can't do the impossible. What can I do I want them out tomorrow?

 

[Zigner]

I was mistaken the lease is to be done June 30th, 2016 not June 23rd. I received text from them saying they can't leave tomorrow that they have too much stuff to move and they won't have time. I told them no they must move tomorrow June 30th. They said they can't do the impossible. What can I do I want them out tomorrow?

The answer hasn't changed. You will have to follow the laws in your state to evict them. They are considered a "hold-over tenant"

 

[mllouay]

The answer hasn't changed. You will have to follow the laws in your state to evict them. They are considered a "hold-over tenant"

Do I need to serve them anything or just fill the eviction process and submit to the court? Do I need to wait until Friday, July 1st, or can I submit tomorrow June 30th?

 

[Zigner]

Do I need to serve them anything or just fill the eviction process and submit to the court? Do I need to wait until Friday, July 1st, or can I submit tomorrow June 30th?

Why do you think you can file for an eviction on June 30th when they are still entitled to possession on June 30th? Why do you even ask if they have to be served?

Your questions and basic non-understanding of YOUR contract with these people makes it apparent that you cannot do this without an attorney.

 

[mllouay]

eviction

Do I need to serve them anything or just fill the eviction process and submit to the court? Do I need to wait until Friday, July 1st, or can I submit tomorrow June 30th?

They kept asking for more time to move and I finally filed for eviction Friday July 8. Last I heard from them is a text message on Wednesday the 6th, saying they will not be out of the house until Monday night July 11th. Today is Tuesday the 12th and I have not heard anything from them. What should I do? What do you recommend?

 

[Zigner]

They kept asking for more time to move and I finally filed for eviction Friday July 8. Last I heard from them is a text message on Wednesday the 6th, saying they will not be out of the house until Monday night July 11th. Today is Tuesday the 12th and I have not heard anything from them. What should I do? What do you recommend?

I recommend that you consult with a local attorney who specializes in evictions.

For the future, I suggest that you find a property manager who knows how to run this type of business on your behalf.

 

[mllouay]

I recommend that you consult with a local attorney who specializes in evictions.

For the future, I suggest that you find a property manager who knows how to run this type of business on your behalf.

I spoke with a local agent and they said they drove by the house and there was a yellow paper tapped on the front door. What's that mean?

 

[Zigner]

I spoke with a local agent and they said they drove by the house and there was a yellow paper tapped on the front door. What's that mean?

Based on this information, I would imagine that some sort of colored paper has been attached in a non-permanent manner to the front door.

 

[LdiJ]

I spoke with a local agent and they said they drove by the house and there was a yellow paper tapped on the front door. What's that mean?

Why didn't the agent get out of the car and see what the yellow paper said? That is how you find out what it means. You need to find out whether or not they are still in the house. There is no point in spending the money to file for an eviction if they are gone.

 

[TigerD]

The answer hasn't changed. You will have to follow the laws in your state to evict them. They are considered a "hold-over tenant"

I'm not sure that they are:

I have mailed them a move-out letter on June 1st that spells everything out what's needed and expected to move out.

If they tenant's first written notice was mailed on June 1. It is likely that they won't be hold-over tenants yet. There has to be legal notice to move given first.

TD

 

[Zigner]

I'm not sure that they are:

If they tenant's first written notice was mailed on June 1. It is likely that they won't be hold-over tenants yet. There has to be legal notice to move given first.

TD

Absent something to the contrary, when the lease ends, it's over. A tenant who stays past that is a hold-over tenant.