What rights does a landlord have when a lease ends and the tenant will not move out?

If a landlord does not wish to extend a lease, what legal actions can be taken against tenants who refuse to vacate a property at the end of a lease? The tenants continue to pay rent on-time and in-full.

Asked on September 9, 2010 under Real Estate Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Once their lease ended and they stayed on in the premises they became "month-to-month" tenants.  As such, you can give them 30-days notice to vacate (maybe less depending on state law).  You can give this notice whether or not they are continuing to make timely rental payments.  If they do not leave at the end of the time provided, you can file an eviction action with the court. If you win a judgement, the sheriff will remove them if they attempt to remain on the premises.


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