How to deal with tenant overstaying a lease?

By Tenant

The tenant’s lease is over and he still insists in staying at your place, now what can you do about it? Unluckily you have to deal with him and it is a very tough decision you have to make. Don’t worry though because you can overcome the situation if you will just stay calm and think of a strategy you can use to take control of the situation and have your apartment back.

Here are some steps you can take to deal with the situation.

  • Know why the tenant overstayed his lease. There are actually quite a few reasons why a tenant would overstay his lease. He may be unable to find a new place to live or he cannot afford to pay for a new apartment. If that is the case then think of considering with filing the eviction case. Does he need one month more at your place? If that is then go ahead and make some groundwork for an eviction, remember to not waste too much time on a process that will last more than a month.
  • Make your decision. The really question here is to either evict the tenant or let him stay. Your decision would depend on the reason why you want the tenant out and the landlord-tenant law in your state. You can either start the eviction process or let him stay at your apartment.
    • Eviction. If you really want your tenant gone then you need to do it legally. The process is no fun, easy and quick so you may have to prepare yourself. You may also need to pay for the court fees, attorney fees and other fees. You also need to put your facts and evidence in line.
    • Let the tenant stay. Automatically, a lease becomes a month-to-month after the original year lease ends that is if the landlord will accept the rent payments after the lease ends. Nothing changes to the terms and conditions of the lease and also the rent will remain the same. By letting your tenant stay, you will avoid having to deal all the cost, hassles and delays of filing an eviction case.

Edited on: Tuesday, September 3rd, 2013 8:48 am

15 Responses to “How to deal with tenant overstaying a lease?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)


March 23rd, 2013 1:20 am

Why can’t tenant just leave the premises once their lease is up?


March 23rd, 2013 1:40 pm

As a landlord


March 24th, 2013 2:00 am

Being able to talk to the landlord and make some deal with regards to the lease ending is important so that both the landlord and the tenant can come up to an agreement on what to do by the time the lease ends.


March 24th, 2013 2:20 pm

It pains me to think that I have to let my tenant go after all those years of stay just because I lost my rental unit to my husband because of the divorce.


March 25th, 2013 2:40 am

If only there are landlords or agencies that can give moving assistance by the time the lease ends then there would be no eviction cases filed against a tenant.


March 25th, 2013 3:00 pm

Can I just directly call a sheriff to have my tenant removed from the property?


March 26th, 2013 3:20 am

I already gave the tenant a 30 day notice and now the notice is up and still he refuses to move out. I have a new tenant coming in this week and I do not know what to do.


March 26th, 2013 3:40 pm

There are states that require a tenant to pay 2 month rent to the landlord if they overstay their lease.


March 27th, 2013 4:00 am

Is there a need to file an eviction case even if the tenant does not have a lease?


March 27th, 2013 4:20 pm

My landlord gave us a 30 day notice to quit. However I cannot find a new apartment in just 30 days. Can I make an arrangement with my landlord to give us more days to leave without having to pay additional 2 month’s rent?


March 28th, 2013 4:40 am

My year lease expires next week and the landlord is still out of town and will be back after two weeks. Should I wait for my landlord to be back or should I leave the apartment after my lease expires?


March 28th, 2013 5:00 pm

Offering the tenant some money to move out will be cheaper than filing an eviction case.


March 29th, 2013 5:20 am

Building a good relationship with the tenant is very important in order to prevent disputes when it comes to eviction.


March 29th, 2013 5:40 pm

What if the tenant has no money to move? You can’t allow them to be homeless.


March 30th, 2013 6:00 am

Just make sure you speak to them nicely but firmly.


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