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The tenant does not want to leave the house at the end of 12 months lease period. What options does landlord have?
The landlord communicated the tenant intend not to extend the lease via email, he did not do it in a letter, is this considered a formal notice?
It will all depends on the terms stated in the actual lease itself. Does the lease specifically state that notice can not be given via email? If not, an email stating their intent to not extend the lease should suffice as formal notice they will be vacating the property and not extending.
It all depends on the EXACT wording for the lease. What does the lease say about end of term and what does your state laws say is proper service of notices?
If a tenant fails to vacate at end of term or upon proper notice of lease termination, the landlord can move for an eviction.
did landlord give the tenant notice to vacate also? just because you don't want to extend the lease means it usually converts month to month, if you say i'm not extending your lease and you have 30 days to vacate the premises and etc they should leave if not time for eviction
But LL NEEDS to follow the lease EXACTLY as stated in giving notice. Both tenant and LL are bound to the lease agreement and it's conditions. So if the lease says the notice must be given at xx days and it must be delivered in so and so manner that's what the LL must do. It would be no different if the tenant gives notice. The LL would demand correct notice given.
So a email (unless stated) msy be the wting way to deliver a notice this it can be ignored by the tenant.
In your case I would start the lease termination over, written notice to vacate as per the lease terms and send it certified return receipt. Act like the email never happened and start from scratch and carefully follow the terms of your lease and your states eviction laws, if they don't vacate at the end of the new term given. Now if your lease states that it ends at the end of the term, no automatic renewal to month to month, then I would go straight to the seven day quit notice in your states eviction process.
The landlord files for eviction on the grounds of over-stay.
I suggest that you give a proper written notice, properly served that the occupancy is ended on whatever-date-follows-the-legal-notice-period. In that note, I suggest that you mention that overstay rent will be at double the normal daily rate, $XX for each day that the tenant is not out.
99 times out of a hundred, the tenant will vacate as soon as they learn that the landlord is willing to play hardball. Too many landlords waffle and hem and haw and the word goes around the tenant grapevine that if you don't move, the landlord won't actually do anything about it. File for eviction on the first possible date and surprise them.
It's iffy about an email being a legal notice. If the tenant responded to the notice with an email of their own, then you've got proof they received it. However, state laws often specify exactly how a notice must be served. I suggest that you find out so you can give a proper and legal notice.
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