Sooner or later, every homeowner will have to deal with a tenant who refuses to leave. Laws and regulations vary from state to state, but most govern the procedure for evicting a tenant. In most cases, even if the tenant is breaking the terms of their lease, the owner still has to go through certain steps before they can legally evict them.
When a tenant fails to move out of their rental property at the end of their lease term, it can cause major inconveniences for the landlord and tenant. When a tenant fails to pay rent, it can create a lot of problems for a landlord, from late payment fees to bounced checks. However, we put some things the landlord might do about the issue.
Let the tenant stay
Many landlords are frustrated by the challenge of dealing with an unwanted tenant. When a tenant refuses to leave your property, it can be frustrating. They’ll likely tell you they won’t leave because they can’t afford to move or they have nowhere to go. The truth is, however, they often don’t need to go anywhere. There are situations where a landlord might waive the need for the tenant to leave, but there are a couple of important things to consider before doing this. Many property owners are unaware that their tenants have the right to stay. Let your tenant stay first because maybe it is sudden for them.
Holdover tenant eviction
Holdover tenant eviction is one of a landlord’s most unpleasant experiences. The landlord has gone through all the trouble of finding a new tenant and making sure that the lease agreement was followed, only to learn that the holdover tenant refuses to vacate. It can be good business. When you have a tenant who’s responsible, pays on time, and isn’t a problem, keeping them on as a tenant can be a good idea. However, if your tenant isn’t paying rent on time, has damaged your property, or violates the lease agreement, you may want to evict. But first, you have to figure out if your tenant is violating any terms of the lease.
Terminate the lease agreement
If your tenant doesn’t leave, you may have to kick them out. Terminating the lease agreement is one of the ways to do it when your tenant doesn’t leave. If you’ve done everything you can to get the tenant out, you may need to try to terminate your lease agreement. When you terminate the lease agreement, you and the tenant sign an agreement ending the tenancy.
Types of Tenants Agreement
Fixed-term tenancies
Fixed-term tenancies are not the same as fixed-term contracts, which are long-term leases (often with rent discounts) that last longer than three months. Fixed-term tenancies are found in the private rented sector (PRS) of the housing sector, where landlords and tenants are free to agree on a tenancy for a set period of time.
Periodic tenancies
A tenancy agreement is a contract between you and your landlord that sets out your rights and responsibilities as a tenant. They can be periodic, fixed-term, or assured. A periodic tenancy is the most common type, including tenants who rent their home for one or more years.
Boarding house tenancies
Residency is usually guaranteed for the first year when moving into a boarding house. After that, boarders may have to renew their tenancy every year. A border is a tenant who pays rent and shares a common living area with several other tenants. Although these tenants may share common living areas or washrooms, each tenant has their own room.
When tenants refuse to leave, even when you give them notice to leave, there can be a host of issues that can complicate the situation. It could be that they already paid rent for the year and have nowhere to go, or they could be behind on rent. It can be hard to know what to do when your tenants do not leave.