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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
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Experience:  Attorney
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I have a home that I rent out, My son calls me he wants to

Customer Question

I have a home that I rent out, My son calls me he wants to come back home and rent the home I have rented out. How do I get my renters out and break their lease?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is unfortunately no law that would allow you to break a tenant's lease in order to move a family member back into the premises that you rent out. Your tenants have a legal right to be there until the lease ends. If you want to ask them to move out early, they'd have to agree - and they could ask that you pay them for the inconvenience (since they have no legal obligation to leave). But if you simply told them to get out, they don't have to leave. And there are harsh penalties for a landlord who changes the locks, turns off utilities, removes the outer doors, or otherwise tries to force tenants to leave without a court order.

Once the lease ends, then you can provide your tenant with notice that you will not be renewing it. Check the lease to see how much notice you are required to give. But you are unfortunately required to wait unless the tenants are willing to leave.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

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