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Updated over 1 year ago on . Most recent reply

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Connor Misch
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Removing tenant after lease expires

Connor Misch
Posted

If I have a signed lease that expires at the end of the month and clearly states the tenant needs to relinquish the property by then, and the tenant is still there days after the lease expiration, do I need to use the eviction process to remove them?  Or is it correct to assume that since the lease has expired they are no longer tenants and I can remove them as I would someone who is trespassing instead?

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Connor Misch:

As already stated, your lease should include a "holdover" clause. If the Tenant holds the property beyond the termination date, then I charge them 4x the monthly rent rate, prorated daily. On a $1,500 rental, the rent would be $50 daily under normal circumstances and $200 for a holdover tenant. This extra money can be used to cover additional expenses incurred because of the delay caused by the holdover tenant. For example, an in-coming Tenant may have to rent a moving truck for extra days or stay in a hotel while waiting for your rental to come open.

At a minimum, I would contact the Tenants and let them know you are going to charge them prorated rent for the days the stay, plus a significant penalty for holding over. See if that motivates them to leave. If they aren't out in 1-2 days, start the eviction process.

Yes, you should leave a gap between tenants in case you need time to clean or make repairs. I have found that five days is enough for most situations. However, I try to inspect the rental 15-30 days prior to move-out to assess the condition and start planning what is needed. If you know it needs paint or new flooring, you know it will require additional time to turn it around.

  • Nathan Gesner
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