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

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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.
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CASE RESULTS

$9.4

Million

Wrongful death from obstetrician negligence

$4.0

Million

Brain injury to infant due to delayed delivery

$4.0

Million

Wrongful death of husband/father due to failure to timely diagnose bowel ischemia

$3.4

Million

Husband/father killed in explosion of a public fireworks display

$2.9

Million

Worker hit by tractor-trailer resulting in multiple fractures

$2.8

Million

Wrongful death due to highway construction error

$2.6

Million

Pedestrian hit by tractor-trailer resulting in loss of limb and permanent brain injury

$1.7

Million

Minor severely injured from fall off a riding lawn mower

$1.6

Million

Passenger in automobile hit by tractor-trailer resulting in severe cranial and facial fractures and brain injury

$1.6

Million

Wrongful death of motorcyclist hit by tractor trailer

$975

Thousand

Motorcycle accident, fractured femur and ankle

$800

Thousand

Explosion/burn injury victim

$700

Thousand

Blunt force trauma and multiple hip and leg fractures

$647

Thousand

Garbage truck landing on victim’s vehicle causing severe injury

$575

Thousand

Husband and wife injured in an automobile collision

$543

Thousand

Severe injuries sustained by a passenger in an automobile accident

$487

Thousand

Massive fractures of the foot

$475

Thousand

Multiple leg fractures and tendon/ligament damage

$425

Thousand

Contested liability- significant traumatic injuries

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