My tenant lease has expired. I did not renew her lease. She now won't pay late fees because she said without a lease she does not have to pay her late fees. Which was stipulated in her lease. I think she is wrong she has been late every month since her lease expired. Please advise me on this matter.

When a lease expires but the tenant does not vacate, then the terms of the original lease, except for rental and term, carry forward. The tenancy becomes a periodic (month to month) tenancy. If the lease specified late charges, then she has to pay late charges.

Now, you say you declined to renew the lease, did you terminate it or just did not agree to a new 1 year term?

Do you want to tenant out or just want her to pay up?

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Originally Posted by ScottGem

When a lease expires but the tenant does not vacate, then the terms of the original lease, except for rental and term, carry forward. The tenancy becomes a periodic (month to month) tenancy. If the lease specified late charges, then she has to pay late charges.

Now, you say you declined to renew the lease, did you terminate it or just did not agree to a new 1 year term?

Do you want to tenant out or just want her to pay up?

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I want both

You have a choice. You can either serve her with a 3-10 day pay or quit notice. The number of days depends on your local laws. If she doesn't pay or vacate, then you file for an eviction order in your local housing court.

The disadvantage here is that she can pay in full and stay.

Or you can serve her with a 30 day lease termination notice to vacate by April 30. If she doesn't leave you again have to file for an eviction order.

The disadvantage here is it will take longer to get her out.