I will be giving a 60 day and 30 day letter reminding my tenants to vacate by the agreed upon lease ending date. What if they say they have not found a new place by that time?? How do I get them out?
Real Estate Attorney
The only way to get them out is by filing an unlawful detainer (eviction) lawsuit. Do not hesitate. Once they are served with the summons and complaint, they have 5 days to file a response. If they do not file an answer you can enter their default. Otherwise, if they file an answer, you have file a request for a trial day, which will be 15-20 days out. Then if you win at trial, you have to get a Writ that the sheriff will serve,; the sheriff will give them 5 days, then will physically remove them. Thus, it will take a month.
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Mr. Falcone is correct. Keep in mind that if you accept rent from the tenants after the expiration of the lease term, they will become month-to-month tenants.
I agree with the other attorneys. If the tenant refuses to leave, start eviction proceeding ASAP, accept no more rent as this will create a new month to month tenancy.
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