Q: I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place
I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.
She won't leave and is always late with rent, What can i do? I have no where to live as my rental won't go month to month.
A: I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent or breaches the lease agreement in another way. Note that eviction for failure to pay rent may be significantly more complicated now due to COVID-19 emergency procedures. If the lease is up and she is holding over, the process would likely be much simpler. I suggest reaching out to a landlord tenant attorney in your area to go over the details and get more comprehensive advice.
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A: You may have a right to give a written notice of termination or have 5 day notice to pay or quit served on the tenant. If the tenant doesn't vacate, you will have a right to file an Unlawful Detainer. However, President Biden's recent Executive Order places a moratorium/prohibition on residential evictions for several more months so that will force you to wait to evict the tenant.
A: If the lease is up, you can provide a notice to terminate the month to month tenancy even if the tenant doesn't want to leave. If the lease is not up, then you're a bit stuck. I'm sure anyone who responds would be happy to help you sort out the details if you decide to hire a lawyer. Good luck!
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