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Updated about 1 year ago on . Most recent reply

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Tyler Barnett
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Advice: Tenant Staying Past Lease

Tyler Barnett
Posted

I have an inherited tenant in a duplex, on a month to month lease. I’m planning to do major renovations to the building, so gave them 60 days notice that I would not be renewing the lease. I also had them sign a notice acknowledging this. I am now a few days from construction beginning and the tenant reaches out essentially saying “I haven’t found a different place to live so I’ll be staying here for a bit”.

It seems like an eviction would have to be the next step, but they technically aren’t overstaying the lease until the 1st.

Is there anything I can do to make the process move quickly? And am I able to at least use some of the security deposit to ease some of what this is going to end up costing me (longer vacancy in the unit, time filing, filing fees, etc)?


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Jose Jacob
  • Investor
  • 11040
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Jose Jacob
  • Investor
  • 11040
Replied
Quote from @Tyler Barnett:

I have an inherited tenant in a duplex, on a month to month lease. I’m planning to do major renovations to the building, so gave them 60 days notice that I would not be renewing the lease. I also had them sign a notice acknowledging this. I am now a few days from construction beginning and the tenant reaches out essentially saying “I haven’t found a different place to live so I’ll be staying here for a bit”.

It seems like an eviction would have to be the next step, but they technically aren’t overstaying the lease until the 1st.

Is there anything I can do to make the process move quickly? And am I able to at least use some of the security deposit to ease some of what this is going to end up costing me (longer vacancy in the unit, time filing, filing fees, etc)?



 Your situation depends on the tenant/landlord laws where you have to property located.  Different state and local government have different laws.  also some towns are backed up in evictions process and some aren't. An attrny or one in similar authority from your local place can advise you in this situation.

  • Jose Jacob
  • 718-200-6100
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