2007-02-05 18:14:47 · 11 answers · asked by kgh 1 in Business & Finance ➔ Renting & Real Estate
Rental agreement has expired.
2007-02-05 18:28:24 · update #1
Depending on your state and lease agreement, then you will need to check the landlord tenant act.
In legal matters everything has to be recorded so there is a paper trail. This means you need to post a notice that the rent is past due, and you will need to envoke your right to reassume the property. Generally they will have 30 days to leave and then you will be able to forcefully evict them, however every state has different laws regarding the exact procedure.
2007-02-05 18:20:55 · answer #1 · answered by Tim Nolder, Professional Realtor 2 · 1⤊ 0⤋
Eviction is the way to handle this. It does not matter that the rental agreement expired. In many places all that means is the prior agreement is automatically extended on a month to month basis.
1. Get your paperwork together.
2. Find a lawyer or eviction service in your local area. See if you can get recommendations.
3. Let them handle the situation unless you are into dealing with details. I have done my own evictions before as the process where my property was located has a very clear and straight forward process. The process and the laws supporting the process do vary by state if not city (assuming we are talking about the US).
4. The tenant will be evicted pretty quick if you have maintained the property to a decent standard.
John Corey
2007-02-05 20:27:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As a Real Estate Agent, when it comes to the law, we are told to (at least in Massachusetts), to have you speak with your attorney.
According to the Attorney General of the US government and the Landlord Tenant Act of 1951, you as a landlord have the right to collect the "rent in arrears" by the action of "ASSUMPSIT", and collect the amount owed plus whatever interest, at the current interest rate.
Because I am not an attorney, I cannot say that is the right course of action. However, I know that here in Massachusetts you can have the police come and have them literally taken off your property.
This, for certain, sounds like a case for your attorney to pursuit.
You can always do some reading yourself...
http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf
2007-02-05 18:41:39 · answer #3 · answered by Jenn R 3 · 0⤊ 0⤋
nicely you may seek for suggestion from and take a criminal determination. What dose the lease contract point out ? Has the lease contract been registered ? If sure you've got terminated the contract and asked him to leave the valuables the 2nd your tenant had defaulted. you may could serve him a word first.
2016-10-01 12:16:57 · answer #4 · answered by ? 4 · 0⤊ 0⤋
File a lawsuit and get a legal eviction notice - have the police evict the tenant. Then change the locks.
2007-02-05 18:18:44 · answer #5 · answered by lyllyan 6 · 1⤊ 1⤋
review your 'rental agreement'... do exactly what it says to do... if he has not been given notice to vacate... do it... if he has but still won't leave... call a lawyer... see what he says... ask the lawyer if you can change the locks... ask the lawyer if you can call the cops for tresspassing... ask the lawyer if you can take him to court for the $$... each state is different... spend a little money and ask a lawyer... it will save you from paying for a mistake...
2007-02-05 18:20:44 · answer #6 · answered by teche16 3 · 0⤊ 0⤋
You should not be a landlord without knowledge of the law to protect yourself and your property. Contact eviction service (phone book)and they will handle everything for you
2007-02-05 18:19:10 · answer #7 · answered by Sherrie 3 · 1⤊ 0⤋
Issue an eviction order
2007-02-05 18:20:16 · answer #8 · answered by Pauline 5 · 0⤊ 0⤋
serve an eviction notice..
www.lawdepot.com
there are 3 day eviction notices...if you can use one in your area.
has copies..
get one as soon as possible..
and file in court
you need dates...and possibly a sheriff to get them out
if they are seniors or handicapped you may have a terrible time getting them out..
start the process..immediately
take pictures of the service..on the door..etc
good luck
2007-02-05 20:19:24 · answer #9 · answered by m2 5 · 0⤊ 0⤋
got a match?
2007-02-05 20:56:59 · answer #10 · answered by madmilker 3 · 0⤊ 0⤋