What Happens When a Landlord Terminates a Lease?
A landlord can terminate a lease with a tenant if the tenant does not follow the terms of the lease. If the tenant violates the lease, the landlord can terminate the agreement at any time. The landlord also has the option not to renew the lease at the end of the term, and to ask the tenant to vacate. Several things can happen when a landlord terminates a lease, depending on the situation.
Eviction
If the tenant violates the lease, the landlord can choose to evict the tenant. Examples of lease violations include not paying the rent, disrupting other tenants or having a pet without a written agreement. The landlord must follow the landlord/tenant laws to complete an eviction, which vary by state. Typically, the landlord must provide the tenant with a written notice and file for an eviction in court. The court will set up an eviction hearing for both the tenant and the landlord, and a judge will make a final ruling. If the judge rules in favor of the landlord, the tenant must move.
Notice to Vacate
If a landlord decides not to renew a lease at the end of the term, he must notify the tenant in writing. This letter, typically known as a Notice to Vacate, explains the landlord's decision not to renew and asks the tenant to move out by the end of his lease term. Typically, the landlord must give the tenant 30 days' notice, but some lease agreements state a different time frame. The landlord cannot ask the tenant to move out before the end of the lease, but the tenant must vacate the property at the end of the lease term.
Holdover Tenants
A holdover tenant is one who does not move out at the end of the lease term, even though the landlord has chosen not to renew the lease. If a tenant does not vacate the property, she is in violation of the lease. When this happens, the landlord must file a holdover eviction case with a local court. The court will set a court date and a judge will decide in favor of either the tenant or the landlord. The tenant could end up owing additional rent to the landlord for the time she stayed past the end of the lease.
Tips
Generally, a tenant cannot force a landlord to renew a lease agreement, but a tenant may have some legal standing if the landlord terminates the lease agreement without good reason. Tenants can contact a Legal Aid attorney in their area for assistance. Legal Aid provides free or low-cost help to tenants facing an eviction or a seemingly unnecessary early termination.
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