Lease Expired, what do I do?

[Dominick Marschall]

Hello, 

I have a duplex I plan on moving into tomorrow Oct 1st. However, I have a tenant living there who's lease is done today at mid-night. 

Backstory:

We have a full lease signed by both parties. The lease states it ends today at mid-night. There is a 60 day notice on the lease if either party wants to end the lease. I made him aware that I was moving in on July 31st and sent him a formal 'notice of lease non-renewal' which was the 60 day notice. He acknowledged the fact he would be out today. However, he has not paid me for September rent yet and has not been responding to any of my call/texts. I'm hoping for the best that he is all moved out. 

I will be moving in tomorrow ( I have no where else to go) and do not know what to expect. He may leave some things in the apartment. I really don't know if he's even moved out yet. 

My question: Can I go there tomorrow and if he is not home change the locks and start moving my belongings into the house? If he is not home, how would i know if he just left thing things there or if he is still living there?

[Andrew B.]

The fact that you seem to have owned this place for several months and have, evidently, done ZERO research on landlord tenant law is VERY concerning.

Stop what you are doing right now and google [your state] landlord tenant laws. There is likely a few documents on your states website that you can download. These should become your bible, that you keep next to your bed.

To answer your specific question, NO. Changing the locks on a tenant that has not surrendered possession of the unit is an illegal eviction. That will get you thrown in jail. I do not recommend that.

Also, when the renter did not pay Sep rent, you should have posted your local version of a 5 day notice to pay or quit. This is the first step in the eviction process. You always begin that process the day a tenant is late to protect yourself. Since eviction is a time consuming process, you begin it ASAP. If the tenant has not left, you are now one month behind.