When deciding to enter the rental property industry, a common concern is what would happen if a tenant decides they do not want to vacate the property. It is, after all, their property.
The problem arises at that point. The tenants live there, even though you own the property. Understanding your legal rights before taking action is important, and investigating is the best solution.
What should you do first if the tenants refuse to leave?
Under no circumstances should you always check the existing lease form before acting. You can decide what to do by consulting the lease you and the tenants signed.
You can also list the selections available. Certain provisions there probably specify what you can do if something happens, such as refusing to vacate the property.
If the lease does not contain language of this nature, you should look to the law because you always have priority over leases. Your lease and the law must work together.
Even if the wording is present, you should still consult local and state laws to see what you can do to evict them from the property. While there may be alternatives, remember to always act by the law.
Even though the lease has ended, you must still take the proper legal steps to evict them while they still live there. You can find out what your alternatives are so you can start working on evicting them from the property by consulting the law.
Laws vary by state
Depending on where you reside, the laws governing landlord-tenant relationships may change. Before doing anything, you should always confirm the law in your state.
What if the lease has expired?
If the lease has expired and the tenants do not have a valid lease, you can evict them from the property. If they are still paying rent, you can permit them to stay by signing a new lease.
Should you consider refraining from doing so only if the tenants have requested and refused a rent increase. It may be necessary to use eviction as a strategy if they will not pay a higher rent but also will not leave.
If the agreement allows, you could also discuss a timetable for moving out or possibly an automatic rent increase for them. In these types of circumstances, follow the guidelines in the lease as well as local and state laws.
What if there is no active lease?
Allowing someone to occupy the property without an active lease is often called a tenancy. The tenant and the landlord have the right to terminate this tenancy at any time.
It may be more difficult to evict them from the property if you ask them to do so because there is no formal lease. The landlord-tenant rules in your state or locality would apply in this circumstance. Therefore, you should check your local law.
Writer and content creator interested in Entrepreneurship, Marketing, Jobs and landlord issues. I have a bachelor’s degree in Communication from the Andrés Bello Catholic University, VE, and I also studied at Chatham University, USA. In this blog I write and collect information of interest around agreements, property and mortgage.