What will my landlord do if I overstay?

By Tenant

One day, I just had a really strong desire of making things difficult for my landlord. So I asked my friend a question given the scenario below:

“The landlord and I had a terrible fight over some repairs that he didn’t do.  So I was thinking maybe I could punish him a little bit.  I’m not thinking of not paying the rent because I know that’s going to go against my credit score if he files for an eviction. I was thinking maybe I will not renew the lease and maybe I will overstay a little bit. What do you think will happen to me if I do that?”



I thought he was going to say that the police would come in and that they would drag me out of the apartment but apparently, it’s not as easy as that.

According to him (he’s a law student), the landlord could do any of the following:

  • They could still evict me.  The law states that if the tenant chooses to not renew a one year lease but refuses to move, he would be subject to a month-to-month agreement.  Sometimes, a tenant does not need to sign a lease agreement because as long as he is staying in the apartment, he is still a tenant.  Therefore, if I don’t get out on the day that my current lease expires, I would become an unlawful detainer and my landlord will have all the right in the world to get me evicted.
  • The police has no say in the issue because if it’s a tenant – landlord dispute, it is the sheriff that comes in.
  • The landlord would also hire a lawyer probably steer me know if the words in order for me to move out.
  • Lastly, the landlord could pay me to move out and skip the whole eviction process.

So instead of plotting to make things difficult for my landlord, and lawyer student friend say it is better to just file a complaint against him.  He told me that RPA or the Rental Protection Agency can help me out.  He even gave me a link to the complaint center which is this one http://www.rentalprotectionagency.com/complaint_center.php

Edited on: Friday, November 1st, 2013 9:57 am

10 Responses to “What will my landlord do if I overstay?”

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

Anonymous

February 8th, 2013 6:20 pm

Never fool around with the landlord. There may be laws protecting tenants but remember, there are also laws protecting your landlords. Besides, you never want to be evicted. Believe me, an eviction could turn your world upside down.


Anonymous

February 9th, 2013 6:40 am

So you’re planning on being an unlawful detainee? Not a very good way of getting even, if you ask me. You’re only putting yourself in trouble if you do that. If you want to get even with your landlord, you can just tell your friends about your experience. It may not be much at first but word always gets around.


Anonymous

February 9th, 2013 7:00 pm

Your landlord has the right to proceed with the eviction process if you do not move. Once he does, you’d be stuck with possible court and lawyer fees and that’s a situation you wouldn’t want to be in. Believe me, I’ve been there.


Anonymous

February 10th, 2013 7:20 am

Depending on the state, your landlord could ask your for two months advance rent if you stay beyond the end of your lease. You may also be converted into a month-to-month tenant and moving out will require a 30-day notice. Since you have no intentions of staying, keep things simple and easy by just moving out at the end of your lease agreement.


Anonymous

February 10th, 2013 11:40 pm

As I landlord, I would never offer you cash to move out. I?d go through the eviction process. Yes, it’s lengthy and I might be spending money but then, the court will probably order you to pay for the costs of an eviction. Plus, I know that an eviction could scar you for the next, what, 10 years? Boy, that’s tough! So if I were you, I would not even try to get even by not following the end date of your lease agreement.


Anonymous

February 11th, 2013 12:00 pm

You’re on a sinking ship. Best to move out.


Anonymous

February 12th, 2013 12:20 am

Why don’t you give it another try and speak to your landlord? Anyway, your lease will be up soon so there’s no reason to fear that your landlord may try to evict you for complaining. Also, that’s illegal for him to do that. Maybe the last time you spoke, things were not very clear yet. Perhaps now, you can talk to him calmly and honestly and he might be more open to what you have to say.


Anonymous

February 12th, 2013 12:40 pm

Sounds like you have thrill issues. 😀 Sorry to tell you, the police won’t come in and drag you out. Nope, you can’t create a scene, let your friends take pictures of it and then post them on social networking sites. If you don’t leave, you would most probably facing a judge in court. Good luck!


Anonymous

February 13th, 2013 1:00 am

You’re crazy if you think that would work. You’re even crazier for even considering it. Good thing you have a sensible friend with you. Otherwise, you will be stuck in this big hole that you have created.


Anonymous

February 13th, 2013 1:20 pm

I would suggest that you think of other ways to get back at your landlord without getting yourself in trouble. Yes, I agree that you can just tell your friends about your experience. Word takes flight, you know. And before you know it, your landlord will be taught the lesson of listening to his tenants the hard way.


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