end of lease and tenant doesn't leave

[pbindels]

We rentend our house to 3 separate individuals. The lease is over on the 31st of this month. Two of the three people have already moved out. If the 3rd person doesn't leave how do we force him out. We need to move back into our home. Can we legally go back into the house if he still hasn't vacated and the lease is over. Also, we want to change the locks so we will feel safe there. Can we do that? BTW, the 3rd person never paid rent for the last month of the lease and owes 200$ for back utility bills. But the major priority is that we can get back into our house. We can deal with the money thing later.

thanks

 

[HomeGuru]

You need to formally file court action to evict this holdover tenant. It may be cheaper to talk with him/her and make an offer.

 

[pbindels]

Ok, thanks for the quick reply. Does this also mean that we cannot access our property legally while he is still squatting at the house?

 

[HomeGuru]

Read your written lease and the L/T laws. As long as he is still living there, you are still L and he is still T. Therefore the same requirements apply as if he was a paying tenant. The property is not legally yours to move into until he moves out on his own or is forced out by court order.

 

[pbindels]

Ok, I'll go the the court house on Tuesday. Just out of curiosity what stops a tenant to come back (after leaving the house) say in a week or two and claim that he never moved out. That is, walk right in the front door and say "I still live here". I guess what I don't understand is at what point does he lose his right to the property. Does he have to be gone for a certain period of time?

Also, on the lease it states that the landlord will keep all property left behind for 18 days. What's the point of that statement. The tenant can just say he never moved out and come right back into the house.

Thanks for your help. I will try to talk to him and then head to the courts if he doesn't respond.

 

[HomeGuru]

Read the L/T laws and if you have questions with respect to the law you can post.

Once T moves out, you change the locks and have all the utility bills change to your name. That will establish your legal possession along with the court order, if you go to court.

Why are you questioning me over term in YOUR lease? You are the one that used that form not me. If you do not understand any term and condition in the lease that you are using, you better spend some time understanding everything first.