What action do need to take after I give my Tenants a 5-day notice? I gave them 30-day notice since lease was up and now they don't want to pay the final months rent.

Could use some more info about the dates here. If I understand you, the lease was due to expire (when? 6/30? ) and you gave them a 30 day notice that you would not be renewing (when? By 6/1? ). When the June rent came due, they didn't pay so you served them (or pan to serve them) with a 5 day vacate notice?

The next step after the 5 day notice would be to file for an eviction notice in court. Are the tenants refusing to move when the lease expires or do they just want you to take the las tmonth's rent from the deposit? It might also help to know what state you are in.

What action do need to take after I give my Tenants a 5-day notice? I gave them 30-day notice since lease was up and now they don't want to pay the final months rent.
State of Wisconsin. I gave them the 30-day notice 5/30. One statement on the 30-day notice said they can't use the security deposit for the last months rent. The tenant did sign it. Then I gave the 5-day notice June 6th. I think they want to live on the security deposit which go against the 30-day notice. Already I've seen damages to the window screens from the outside. Also the lease states that they are to get the carpet clean before they leave.

Hello T:

It sounds as though they plan to live out their deposit with you, whether you like it or not. By the time you take any legal steps, they'll be gone.

At this point, I'd wait to see the amount of damage, and THEN I'd sue them in small claims court.

excon

PS> Next time, collect, in advance, the first & last months rent, PLUS a deposit. That way, you're protected.

I agree, they figure they can not pay and you will take it out of the security. While you have that option, legally they don't. So your next step is, assuming they have not left on 6/11, is to file for an eviction notice. How long this will take depends on your area. Almost definitely you will have to sue them for unpaid rent after you apply the security towards damage repair.

Yes you file if they are not out, a eviction notice with the housing court and then after they are gone figure the damages, the rent due, minus the depoist and see how much is still owed. Then you can decide if you want to sue them in small claims court for the balance owed.