Advice: Tenant Staying Past Lease

[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)?

[Richard F.]

Aloha,

Check local LL/Tenant laws to see what they say about a "Holdover" Tenant. Typically you can charge double rent for a period of time once they go beyond the specified end date of the current term, and you must initiate eviction within a certain period or the rent reverts to the original rate on month-to-month basis.

[Jose Jacob]

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.

[Stefanie Johnson Sykes]

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 I gave them 60 days' notice that I would not renew the lease. I also had them sign a notice acknowledging this. I am now a few days from construction beginning and the tenant says, “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)?

 Hello Tyler, 

Speak with an Attorney for sure, maybe speak to the tenant and find out what the situation is. You could possibly offer cash for keys depending on the situation and your bottom line. Let the tenant know that you don't want an eviction to affect their future and that you would like to work it out amicably. Worth a try!

[Christen G.]

Due to the new BP forums, Im seeing this now - 2 months later. I'm curious as to how this played out....