As a Homeowner I want the tenants to move when their lesae expires?

Question

My family purcahses a 2 damly home about 3 months ago and we inherited tenants. their lease was signed in january with the prior owner. we are not getting along and we need them out at the end of the contract. do we have to give them prior notice to non renewal of the lease? we're bound to the current lease until 12/31/07 and they have a standard rental agreement stating 30 days notice to move. we have family members we want to take the apartment and they're ready to move in as soon as the space is vacant.

Answer 1

The laws will be different from state to state. There should be a Tenant-Landlord association in your city or state that can answer this question with more accuracy, according tot he laws of your area.

Speaking from my own experience, if they have a Fixed Term Tenancy Agreement (which I think they do, since you say the lease expires in December), no notice is required by either party. However, it would be really mean to show up on the last day of the month and say "Hey -- why isn't your stuff gone?". I call my tenants 6 weeks before their leases expires to see what their intentions are. If they are re-signing, I prepare a nw lease. If they are leaving, I start putting ads in the paper.

Let your tenants know that you will NOT be renewing their lease in December because some family members are moving in. Tell them you wanted to let them know as far in advance as possible (be nice, even if you hate them). They might find an amazing apartment and move out next week, or they might stay until December.

Answer 2

If it's a "real" lease, then the lease should already have a term saying that the lease expires on a certain date and that the tenant has to be gone, unless the tenant renews the lease in advance, or gets permission to "hold over" in advance. If the document doesn't say "lease" on the top, you may just have a rental agreement. If you don't have a written document, you certainly don't have a lease. If you actually have a "real" lease, read it. There should be a term about what type of notices the landlord gives the tenant, or that the tenant gives the landlord. Look at them carefully. Written notice is the best way to give notice, but the lease may require you to give notice by mail, or even by certified mail.

Answer 3

You must give them prior notice so they know they have to find a new place. Make sure everything in the house is insured. (Or make sure they had to pay a security deposit. If they leave the home in good condition, with only usual wear and tear, they deserve to get it back. If they leave the house messed up, like holes in the walls, rips in the carpet, or steal things, the security deposit is used to fix everything. Any money left over is due back to the renters, but you have to send an itemized statement of the repairs you had to make and how much it cost to repair each thing.) -- Some renters believe they can take anything they want when the move out, including all the appliances, light fixtures, carpet, etc. People are weird, and that's why it makes it tough on reliable renters like me, who take care of the house as if I own it. -- Give them 30 or more days' notice. If you want, you can let them out of their contract early. It's up to you. They have to stay until 12/31/07 unless they give you 30 days' notice. Do you think they want to go ahead and move? If so, you can talk to them about moving out early. You need to send the notice in a certified letter -- even if they say they want to leave early without penalty-- to make it all legal. Sending a certified letter prevents the tenants from saying they didn't get it or didn't agree to break the lease with no penalty.

Answer 4

Sometime tenants can get unruly and spiteful. others have suggested that you give notice that you do not intend to renew their lease which can work, but isn't a sure thing because sometimes tenants get spiteful and decide to stay regardless. If this happens and they try to pay rent, do not cash the check because it is seen as implied permission to continue the lease! Then evict the squatters in the normal fashion.
Sometimes you need to give the tenants a reason to move on their own and there is a sure fire way of accomplishing this task ... a major hike in rent usually does the job (you could even increase the deposits to put icing on the cake). You still need to give plenty of notice (60 days). The tenants will no longer see any value in staying and will leave on their own. I think this is the best way to get rid of tenants.

Answer 5

The lease is a legal, binding contract. While no contract can EVER superceede the law most leases are "off-the-shelf and standard. Read through the lease and it should spell out EXACTLY what you have to do as far as notice is concerned.

If by some reason there is no line-item in the lease, check with your local HUD office. Some towns can require you to give up to 60-days notice. As a resident owner of a 2-family house you won't have any real problems.

Answer 6

I would give them sixty day notice of your intent not to renewal the lease thus must vacate the place by 12/31/07 if they do not move out on 12/31/07 on 1/1/08 you can file for eviction, if they are still in the place

Answer 7

Your best option is to let the tenants know up front, months in advance, that you will not renew their lease when it expires. Because the previous lease was signed and agreed to by both parties (homeowner and renter) you would be breaking the lease and you would be opening yourself to all kinds of lawsuits and could even lose you home. In some situations, when they know that will have no choice but to move at the end of the lease, they try to move earlier so that they're not out on the street when the lease expires. So, bit the bullet and wait 'em out. At least you know that by New Year's, the place'll be yours again.

Answer 8

To be nice and cover your legal butt, give them a letter (send one copy certified and the other posted to their door) at least 45 days in advance saying their lease will not be renewed and they must be out of the unit by 1/1/08. If you really want them out earlier, give them 60 days notice and tell them you will waive the last months rent if they're out by 11/30 or charge rent weekly through December as an incentive.

Answer 9

You need to send them a letter stating your intention not to renew their lease at LEAST 30 days before the end of their lease (ie before Dec 1)

I would suggest sending it around Nov 15, certified mail return receipt requested

Answer 10

Nope. You are not bound by anything by the end of the contract. You don't want to lease you do not have to.
The 30 day notice is for them(in that they have to give you notice when they want to vacate the premises)giving you a chance to find another leasee should you plan to continue to rent the unit(lessen the chance of disruption in the cash flow)

Had you stayed on better terms with them they maybe would have volunteered to search for another abode to move out sooner just to be neighborly and human to allow your family to expand into all the house.
You could have let them off on the 30 day notice thingy saying if they find something, you would even help them move out and in.
As it is right now, best not to let them know what your plans are other than the apartment will be shut down...no extra time alotted.
You don't want to tick these folks off in that they can do alot of damage down there(which you don't need)
You are going to have to stay on their good side, helping them to find another place and promising to give good references for them. Really suck up.
You can't force them out but they can leave willingly. So they have the "power". Maybe, had you used reverse phycology and tried to keep them there, they would have thought of themselves as "too good" for the place they are now staying and with swelled heads looked elsewhere.