Klass Law Group

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February 2018 Legal Tidbit

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Question: My tenant’s lease is expiring and I want him to move. What should I do?

Answer: When a landlord accepts rent for any time period after lease expiration, the lease becomes a month-to-month tenancy. To avoid that, immediately after expiration you may evict. Since the tenant should know that his lease is expiring and his right to occupy the rental premises is ending, no legal notice is required prior to starting eviction proceedings. Do not accept any rent for any time after the expiration date. It is recommended (but not legally required) that you send the tenant a written notice 30 to 60 days prior to lease expiration telling him that you have elected not to renew his lease and that he will be expected to surrender the rental premises and his keys to you on or by the lease expiration date.

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