We recently extended our tenant's lease for a period of 19 months. If we sell our primary residence and want to occupy our home before the end of the lease, how do we go about that and what penalties might we incur? We currently hold one month's security, but tenant refused to pay last month's rent.

Check the lease and local landlord/tenant laws. Many states allow the landlord to break a lease if they or a family member will be occupying the premises. If the lease or law allows this, you will generally have to give the tenant at least 30 days notice that are terminating the lease.

I will disagree with Scott on this one, first why are they refusing to pay rent, is it because you told them you were going to move in?

But if they have refused to pay rent, you can evict them for non payment of rent and sue for your rent money for the unpaid time.

You are bound by the terms of the lease as long as the renter does not violate or breach a term of the lease.

In most cases if the renter is paying and doing what they are suppose to do, then you would have to buy the renter out of the lease, if the renter was willing to.

I assumed that you were saying the tenant refused to pay last month's rent as in the last month of the lease, not as in the previous month. If they are behind in their rent, then, of course you should start eviction.

But I do believe some states allow a landlord to terminate early if they are a family member will be moving in.

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Originally Posted by ScottGem

But I do believe some states allow a landlord to terminate early if they are a family member will be moving in.

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I, too, believe this is true, although I can't site any specific states that have this written into the law.

You're dealing with 2 separate issues.

The non-payment of rent doesn't give you any more or less right to boot them and occupy the property. You need to evict based on non-payment. OR, if your lease / state law allows you could terminate the lease because of your intentions of occupying the property. Make sure you read up on how much notice you must give, etc, if that's what you're going to try to do.

Los Angeles specifically allows an owner to evict a tenant in order to move himself or family into the unit.

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Originally Posted by jeremyvan

We recently extended our tenant's lease for a period of 19 months. If we sell our primary residence and want to occupy our home before the end of the lease, how do we go about that and what penalties might we incur? We currently hold one month's security, but tenant refused to pay last month's rent.

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If the tenant is in violation of the lease, as others have said - evict him/her.

What State? And in NY some cities actually allow a tenant to be evicted with, I believe, more than the usual notice, if the property owner (or on occasion a close family member) will be moving in.