What to do if a tenant fails to vacate at the end of their lease?

UPDATED: Jul 26, 2011

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What to do if a tenant fails to vacate at the end of their lease?

I have a house that I rented for a rent of $3,400 per month over an agreement of 11 months. However, when we asked them to vacate at the end of their term, they refused to do so, due to an unavailability of houses elsewhere. It is worth mentioning that a notice was given to them 3 months before the end of the term. Then it was decided that they would be granted another term (a verbal agreement) and the rent was increased to $4,000. Now the tenant isn’t agreeing to sign. How do I get him out of my house?

Asked on July 26, 2011 Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically since the term of the written lease has expired, the tenant in your home appear to be on a month-to-month lease with you. Read the expired written lease regarding notice requirements for termination of the occupancy as a guideline. In most states, either a 30 or 60 day notice is needed to end a month-to-month lease. Consult a local attorney about proper notice and then serve your tenants who you allowed to stay in the home with a new notice to vacate in accord with state law.

If they fail to vacate after the date stated in the new notice, you will have to start unlawful detainer proceedings against them to get them out of the house which is a lawsuit. You get a quick trial date in about 60 days after service of the summons and complaint.

Good luck.

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