Hi, I have a tenant, that at the end of January her lease expired. I gave her a notice letting her know that her lease would not be renew and that she would have to leave the apartment, because the owner would be moving in. In the lease that I gave her, it stated that she would have to pay rent and her deposit would be returned at the end of Jan. She did not pay the rent for Jan. she lived her deposit. It is the 5th of February, and she has not left the apartment. There is another thing I have not spoken to her, I don't even know if she still lives there. It is her friends who are always their, and they just tell me that "she's sick" "she's not here" and so on. Yesterday I went to her apartment around 8pm. Since in the daytime there is no one to be found, and the guy said that she was sick, and that they were leaving soon. But they never say when, and he doesn't want to tell me his name. Also a text message was sent to me letting me know that they would leave on Sun. 3 or Mon. 4. and she still hasn't move out. What can I do.

Break out a couple of windows in the dark of night, you were going to update the windows after they left, weren't you? ;)

When you gave her notice that her lease would not be renewed, was the notice in writing? And did you give her at least 30 days notice? If so then you can immediately file a lawsuit for eviction.

If you did not give her at least 30 days notice in writing then you should do so immediately. If she still hasn't left at that point then you can file a lawsuit for eviction.

You didn't mention your location. At the top of the Real Estate Law forum is a sticky post containing links to the landlord/tenant law for all of the states. Check there to see the law that applies for your location.

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Originally Posted by 2concern

Hi, I have a tenant, that at the end of January her lease expired. I gave her a notice letting her know that her lease would not be renew and that she would have to leave the apartment, because the owner would be moving in. In the lease that I gave her, it stated that she would have to pay rent and her deposit would be returned at the end of Jan. She did not pay the rent for Jan., she lived her deposit. It is the 5th of February, and she has not left the apartment. There is another thing I have not spoken to her, I don't even know if she still lives there. It is her friends who are always their, and they just tell me that "she's sick" "she's not here" and so on. Yesterday I went to her apartment around 8pm. since in the daytime their is no one to be found, and the guy said that she was sick, and that they were leaving soon. But they never say when, and he doesn't want to tell me his name. Also a text message was sent to me letting me know that they would leave on Sun. 3 or Mon. 4. and she still hasn't move out. What can I do.

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My property is in Queens, NY. She did received a writing 90-days letter.

You need to start eviction proceedings at once. Or they will next week and next week forever

And yes Choux, although very illegal and one can be sued for it, I have seen it work very well,

From the way you described her friends saying she was perpetually sick or never there, I think she moved a while back and her friends are happily living there with her permission.