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Renter default in rent, lease expired, can I have the tennant removed immediately

HomeLandlord and Tenant LawRenter default in rent, lease expired, can I have the tennant removed immediately

Renter default in rent, lease expired, can I have the tennant removed immediately

June 24, 2013
By Lafferty Gallagher Scott

Because you continued to collect rent even after the one year lease expired, you have created a month to month tenancy with the tenant. Therefore, you have a valid month to month lease. Once the tenant is in default of the month to month tenancy (i.e. fails to timely pay rent), you can issue a 3 day notice to vacate the premises to them by either giving it to them in person, mailing it by certified mail return receipt requested, or by posting it to the door of the property. On the day the tenant is served with the notice (either in person, by the mailman, or on the day you post it to the door), the tenant has the rest of that day, plus 3 days to vacate the premises. If they fail to vacate by the end of the 3 day period, you can file a forcible entry and detainer (FED) action to have them evicted. If you have monetary damages, (i.e. unpaid rent, damages to property, unpaid utilities, etc) you can request that the security deposit be surrendered to you for payment of those damages and/or ask for a monetary judgment against the tenant. But, you must request the monetary damages in the same complaint as the FED complaint, or your claim for monetary damages is considered waived.
Best of Luck

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