I rent, tenant refuses to sign lease , my rights? how do I get her out legally?

Question

I had to raise the rent due to increase in water rent, taxes, heating etc. Old lease has expired and I rewrote a new lease, For one month she has not signed it, then gave me a list of her"demands", all of which are of an aesthetic nature, not function. She has two large dogs and has forgotten to clean up after them in regards to the lawn, the apartmetn now has a urine and wet dog smell and dust pans of hair and dirt on my once beautiful wood floors. She has used my personal space without permission and has moved my personal belongs around and has taken it upon herself to do things without my permission and mention it sort of matter of factly after she has done something. I am tired of being bullied around by a tenant. She is paid until Sept. 15, what happens after that? does she need to pay by the day? do I send a certified letter to vacate after 30 days? Since the floors are damaged due toexcessive dirt debris do I need to give back the deposit?Or a portion.any web sites to help?thks

Answer 1

Since the lease has expired, give you notice to vacate. Send it certified, return receipt. You have to give her at least 30 days from the rent due date. If the tenant doesn't leave, you may have to go to court to evict her.

When she does leave, inspect the place making a list of the damanges. Take pics. Get estimates to clean and repair. Send her a letter detailing the damages. If they exceed the deposit, you can ask for the balance and even sue for it.

Answer 2

I assume your original lease expired and converted to month to month. In this case simply give her 30 days notice, and let her go.

You are legally responsible in this matter so don't just throw her out. She is paying rent and will sue you very well and there are laws that can hurt you if you take matters into your own hands.

As for deposits, it sounds like this is a nightmare for you so, just let her go. In fact, if she wants to move out early, you can even give her incentives. But be sure to send her notice, and you'll need a witness because I think she lives in your house, but if she has another mailing address then you can send return receipt notice.

I'm pretty sure 30 days notice is 30 days from date of delivery. If she has crecit, you can offer her a pro-rated refund by dividing the rent by the number of days in the month. Or you can simply let her leave on Oct 15 by providing her 30+ days notice now--but the sooner out the better for all.

This is also not an eviction. But just terminiation of rent.

Answer 3

What does the lease say? Most leases say what happens after the lease expires (automatic month-to-month, pay daily, or immediate vacation of the property)
Sounds like you should boot her regardless, inform her that she must be out on 11:59pm the day the lease ends (some leases actually specify at move-out time)

Good Luck

Answer 4

tenates can be such a drag, she didnt sign the new lease she's done, send a certified letter that she is to either sign or vacate. She only gets back if any the remainder of the deposit after your carpets and cleaning fees.

Answer 5

http://www.tenantsrights.net/rights.shtml

that might help you a little. and if she has wrecked the place, i don't think you are required to give the deposit back.