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Old 08-14-2009, 11:26 AM
 
Location: 39 20' 59"N / 75 30' 53"W
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There are about 15 different types of Hold-over clauses,
reading the original lease is the only way to know.
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Old 08-14-2009, 12:30 PM
 
Location: Boise, ID
8,047 posts, read 25,681,571 times
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Definitely check the local laws on lease renewal. In Idaho, if your lease doesn't say "through such and such date ONLY" and you don't give the tenant notice, and the tenant doesn't give you notice, they automatically go to a month to month lease renewal status. In that case, their lease is still valid. That's even if the lease doesn't state anything about an auto-renewal, unless it specifically says that it does NOT renew, state law supercedes.

However, they haven't paid rent, and that is the real issue. You should be able to serve them whatever "short term notice" is normal there. Here it is a 3 day notice, sounds like it might be a 5 or 7 day notice there.

Don't expect him to actually move though. He doesn't sound like the type. Expect you will have to take him to court. If the guy is in jail, the judge will probably instruct the sheriff to move him out. If he isn't in jail, and he doesn't show up, same thing. If he does show up, the judge will make the decision, but even then, it probably will still end with the sheriff moving him out.

You will have to show up for the court date though. I suggest having an attorney serve the paperwork and meet you in court for the hearing. Find one who specializes in evictions.
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Old 08-14-2009, 02:34 PM
 
Location: NW. MO.
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If it's a nonpayment issue, then go with that. You can usually go to the court and ask them for an eviction packet. It should tell you the proper procedure and give you the papers to file. I'd try that route before I put out a ton of money on an attny.

Here in Ca. we had to evict a tenant that my mother had rented to. What great fun it was *sarcasm*. It took some time to do it properly but it wasn't difficult. Everything was pretty clearly spelled out as far as procedure. Check the county court office where the rental is located in your state and see if they have a similar eviction packet. If they do not or it isn't clear, then I'd definitely do the attny route and at least get some advice.
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Old 08-14-2009, 09:57 PM
 
19,276 posts, read 25,748,413 times
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check out pine tree legal assistance (website) gives an overview of tenant/landlord laws and eviction process (for maine)
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