What rights does a landlord have when a lease ends and the tenant will not move out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.