The lease signed is hand written and does not explicitly state an end period. It does state that rent will be $600 for 1 full year and thereafter rent can not be raised in upcoming years. Therefore, I believe this implies that the lease is a 1 year term and rent can't be changed upon transitioning to a holdover period. There is also written documentation that the tenant paid their deposit in September in 2017 and that they would need to move-in no later than September 11th (no year written). There are other tenants that can attest to the fact that this individual has resided at the residence for longer than a calendar year.
The tenant refuses to talk about the lease and simply states " Go speak to your lawyer about it and get all the documents and send them to me and I will bring them to my lawyer..." The clause does not state they can be held responsible for my legal fees, which is another reason I would like to avoid court proceedings. Though it seems like they are bluffing since they are a college student.
We have not provided 1 months notice yet and when we bring it up in hopes of discussing it for the future, the tenant just states that they will leave when they want to.
If you had a year lease and it expired then the lease goes month to month. You need to serve them with a thirty day notice - hire someone - it should not be you personally who serves the notice to quit. You will need to file an unlawful detainer if the tenant does not move out within the 30 days.
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