Tenant Won't Leave After Lease Ends
Your tenant's lease ended but they're still living there. You can't just change the locks.
Serve proper notice based on holdover status, then file for eviction if they don't leave.
Start with the notice to vacateThe order to do this in.
Skipping a step is what gets a case dismissed rather than merely delayed. Work down the list.
Determine tenant status
Are they a holdover tenant, squatter, or on expired lease? This affects your approach.
Do NOT change locks or shut off utilities
Self-help evictions are illegal in all 50 states and expose you to lawsuits.
Serve proper notice
Holdover tenants typically require a notice to quit before eviction filing.
Get the template for this stepFile for eviction
After notice period, file unlawful detainer in court.
Request expedited hearing if available
Some courts offer faster processing for holdover situations.
Three ways landlords lose this.
Self-help eviction
Changing the locks, cutting the utilities or removing belongings is illegal in every state, regardless of how far behind the rent is. It converts your strong case into their damages claim.
Assuming your state works like the last one you read about
Notice periods, deposit caps and required language differ by state and often by city. Verify against the jurisdiction the property sits in.
Waiting too long to get a lawyer
Once the tenant contests, raises habitability, or gets representation, the cost of an attorney is smaller than the cost of the month you are about to lose.
Forms you will need
Related situations
Keep the paper trail from day one.
Every notice you generate is dated, complete and filed against the tenancy. If this ends up in front of a judge, the record is the case.