My tenants lease has expired and refuses to move out. Do I have to give them a notice before I start eviction.

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They said they are not going to pay rent or move out.

Attorney Answers

2
Edward Fucillo ·
If your written lease has expired and your tenant continues in possession without your consent, then your tenant is considered a "hold over" tenant and you are now entitled to sue for double the monthly rent amount. No additional notice is needed since their lease expired and they are continuing in possession without your consent. An eviction law suit will need to be filed and served on them as soon as possible. If you are not sure how to proceed, I recommend you consult with an attorney who practices in landlord/tenant law.
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Harley Herman ·
You can start the eviction, but the problem you will encounter if you try to do this on your own is that the forms available through the Clerk of Court normally deal with evicting a tenant for non-payment of rent or noncompliance with tenant obligations under a lease. The forms aren't set up for evicting a hold-over tenant. Hopefully you have not accepted rent for this month, or you may have jeopardized your rights to evict this month. If you want the tenant out as quickly as possible, it is recommended that you use an attorney, so that the proper allegations will be contained in the eviction complaint and you won't end up giving the tenant additional time (and the possibility that the tenant will be awarded attorney's fees) to remain in the premises because your eviction complaint was defective.
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