If my tenant’s lease expire ant the end of the month and they have been notified to be moved out by the 31st by midnight, what if they are still there on the 1st?

I have a feel that they are going to ask for more time but I don’t have more time to give them, as we have contractors starting on the 1st. I don’t want to bother the police but wonder if that is my option?

Asked on July 25, 2012 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the police will not remove or lock out a tenant. (Also, you may not change the locks or otherwise remove them yourself.) If the tenants unlawfully "hold over" past the  expiration of their lease, you would have to file an eviction action in court to remove them. If you own the property through an LLC or a corporation, you must get a lawyer to do this; even if you own the property individually or with partners, it would be best to let an attorney help you.

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