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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2981
Experience:  Litigation Attorney
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If a tenant holds over and has no current lease are they

Customer Question

if a tenant holds over and has no current lease are they trespassing? can I ask a sheriff to put them out? How can I gt them out?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

No they ate not trespassing. When a tenant holds over they are considered to be on a month to month oral lease if you accept rent from them. Normally you would need to give 30 days notice to terminate a lease such as this. If the lease contains a notice for the landlord/tenant to not renew the lease then that notice should be done in order to terminate the relationship. If you simply let the lease lapse then the tenant will be on the month to month lease as I described. You will need to give notice for the tenant to vacate according to state law (these laws vary and normally nonpayment of rent or breaking the lease are 3-7 days notice to vacate and then you will have to file an unlawful detainer and get an order from the judge to allow the sheriff to remove the tenant and their belongings. You cannot lock the tenant put or turn off the utilities.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

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