[jslachta]

I have a family with 2 children whose lease has ended and who have non-renewed. The problem is, they won't leave the unit!

What is my next step? Do I have to go through the eviction process or can I just call the Sheriff to have them assist?

Thanks!
Jill

[NowWhat]

Are they still paying rent?
Now that there is no lease - you can give them 30 days written notice to vacate (or whatever the lease did say). If they are not gone by 30 days - don't accept the rent and then go through the eviction process.

[jslachta]

They haven't paid for this month yet and have some outstanding late fees and utility bills.

[NowWhat]

Then, if you want them out, start eviction proceedings. It stinks with kids involved - but what can you do?

[jslachta]

It's so frustrating! Thanks for your help

[NowWhat]

I know - it makes you think twice about renting out your property. Is it worth the possible headache?

You just have to do what you have to do. You could always put a "for rent" sign in the yard - they may get the hint. :)

[ScottGem]

it's so frustrating! thanks for your help

I agree its frustrating. In a perfect world, tenants would pay on time without reminder. They would care for the rental property as if they owned it.

But we don't live in a perfect world. When you chose to become a landlord, you had to realize that there would be tenants like this. If you can't deal with such a situation then you shouldn't be a landlord.

There is no need to formally renew a lease. It is understood that once the lease expires, it goes on a month to month basis unless either the landlord or tenant choose to terminate the rental. So, if they did not tell you they were moving out at the end of the original lease period and you did not tell them (with sufficient notice) you wanted them out, then they are considered month to month tenants. Under this condition all the terms of the original lease continue to apply except for the expiration date and the rental amount. You can inform them (again with at least on rental period notice) of a raise in the rent.

Now, if they are not paying and you want them out, you have to give them notice of at least one rental period to vacate. So that is your first step. If they have not vacated by that point, then you have to start formal eviction proceedings.