FAQ

Landlords: How do I get a tenant to peacefully vacate the property at the end of their lease?
2) is a bad idea.  If you don't like them, they don't like you, then don't renew the lease.  Don't tread lightly.  If he has figured out that he can do what he has been doing in the past, and you'll still renew the lease, then he'll do it in the future.1) you don't renew the lease.  If they stay, then you just go through the proper process for eviction.  Make sure the insurance is paid.  In the extremely unlikely event that force has to be used, then it's the sheriff that does on the work.  In practice, I've never found it necessary since once the sheriff posts a message saying that they will be there on day X, people always move out on day X-1.Finally, if you have a contentious relationships with the tenant, avoid any contact whenever possible.  Do everything you can to abide by the lease, but do not contact the tenant at all.  It's better for both of you.  In fact, in cases where I've found myself not getting along with a tenant, I've stopped talking to them had had someone else who they haven't had bad relations with, do all of the talking.
Is it legal for Landlord to ask the tenant to find out a new tenant and collect the advance amount of Rs.2 lakhs from them, while vacating?
Mostly landlords have made a fixed deposit of the security deposit that they took from you.Now they can't break their FD because it is fixed for a tenure(5+ years)So they'll ask you to get another tenant and take the security deposit that you submitted from them. Now this is actually the best way to get your 100% security deposit back, because usually if you take your security deposit back from the owner they would deduct a lot of charges and you'll be getting around 60% - 70% of your security deposit.It's a win win for both the parties.Legal or illegal should depend on how rental agreement has been made, so you should have a look at it.
Would it be possible for the landlord to charge trespassing if a tenant refuses to move out after a vacate was issued?
There are actually specific laws and legal procedures for this in the US. The person is called a holdover and the landlord has to go to court to have the person removed. If the person refuses to leave once everything is completed, then he might well be taken away to jail for trespassing. Hold-over Tenants: A Landlord's Legal Remedies
If a landlord does not want to keep a holdover tenant and simply stops accepting payment, how much time does the tenant have to vacate?
Landlord-tenant law will vary greatly by state. Usually, your local Legal Aid's office will have a guide to let you know the various laws dealing with rentals. You may also be able to find more information through calling the Clerk of Court where evictions are dealt with (usually Small Claims Court). You will still need to serve the tenant with an eviction notice and if they don't leave, take them to court to have them evicted. After the judge grants the eviction, there is also a waiting period before a sheriff will set their belongings out. Some states allow a grace period before you can file to have a tenant evicted after the rent is due (generally, about 5 days). Just because their lease has run out, the court will not give them less time to move out before their belongings are removed from the property. In my state, NC, you will have an eviction hearing within 7 days of serving the tenant notice and they will typically have 20-30 days to vacate before the sheriff removes their belongings.
How much time does a landlord have to give a tenant to move out?
Generally speaking, when the lease expires it becomes a month to month tenancy with the same provisions as the lease (amount of rent, obligations etc).Here the rule is thirty days if no renewal is offered and a month to month is not agreeable to the landlord (rare).If it is an eviction notice (the one grace the law grants LLs here) it depends on the notice. If you assault (verbally or physically) the landlord or are actively damaging the property you get a 24 hour notice. I never had the misfortune to ever have to post one of those.A notice of Substantial Breach gives fourteen days from the date it was posted for the tenant to vacate the premises. It is given when a pattern of violations occur (multiple late payments, partial payments, violations of various clauses within the lease.The pay or quit gives thirty days for a tenant to either pay the unpaid rent and bring the account up to date or leave.Here leases must contain the phrase ‘may be terminated by either party with thirty days written notice ‘.So, absent a tenant who chooses to fight an eviction, which brings in the courts (here) it can be anywhere from one day for a violent thug to thirty days for someone falling behind on their bills.Most tenants don’t fight eviction here for the simple reason that when you avoid the courts you avoid the official record showing your evictions. Most landlords want nothing more to do with a tenant who forced them to evict, so do not make it public that the tenant was evicted .
Can a landlord deduct $50 from a tenant's security deposit as a fee to perform the move out inspection?
No. It might be a threat to get you to show - many tenants prefer not to bother and the landlord inspects the property, filling out his final condition report with no one to explain what he sees. No mitigation is offered and the absence of the tenant is de facto admission that damage will be found.He cannot deduct for normal wear and tear. Be there and explain everything. He will probably find damage as it is a rare tenant who leaves everything pristine and perfect. I like those.Charging for one of the duties he must perform is ridiculous. It is simply not done.
How can I get my name off of a month-to-month co-tenant lease? Three out of four tenants have vacated the property and given notice to the landlord, but the landlord refuses to take our name off of the lease. This is a rent controlled area.
Give him 30 days registered letter and say see ya. After you do that it ceases to be a lease so whether or not he wants to he cant have a lease full of people who have gone with notice and turned in the key remember to give keys back ….if its rent controlled which i am not familar ' i can't see it being hard at all to get another person in… not your problem though, notice , keys gone.
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