Ask Experts Questions for FREE Help !
Ask
    yattmek60's Avatar
    yattmek60 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 21, 2009, 09:42 AM
    Expired lease
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 21, 2009, 09:47 AM

    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?
    yattmek60's Avatar
    yattmek60 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 21, 2009, 10:03 AM
    Quote Originally Posted by ScottGem View Post
    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?
    I want both
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Mar 21, 2009, 10:38 AM

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Lease termination before lease expired due to job loss [ 5 Answers ]

I hope someone can answer this question for me. I had a lease for 8 months in St Louis (MO) however I stayed for 4 months now due to economic condition under cost cutting my job loosed (I was contact employee) I did not got any payment to close my lease agreements and I don’t have any support to...

Expired lease [ 3 Answers ]

I signed a lease for 1 year beginning June 1, 2005. I have been living here for the last 3 years without a current signed lease. I plan on giving 30 days notice on August 1st. Can he try to hold me to a lease being that I don't have a current signed one by saying I have an assumed one? Is he...

Expired Lease tenant not paying. [ 1 Answers ]

I signed a 1 year lease with a tenant on Aug. 2006 ending on Sept 2007 in the state of Fl. She has always been late, but in the end she paid except for Aug. rent. Then she paid Sept. rent. She missed Oct. rent so far. Her lease did not give her the option of going month to month. It was never a...

Renters lease expired [ 1 Answers ]

My lease was expired 2 years ago and I was living there month to month. My son bought a home and he was stationd in Japan and he told me to move into the home asap, because he hated that I was paying someone else's mortgage. I sent a letter to my landlord in the end of August and also the June rent...

'Tenant Lease Expired And Won't Leave' [ 2 Answers ]

Hi, (Sorry for a second post - Profile stated No questions recorded at log-in) I want to make sure I am doing things right during an eviction and during future court date. Everything I state below, can be validated in writing from communication between current tenant and myself. Tenant...

View more questions Search