How long is a guarantor liable for unpaid rent?
If this is the case, you will be legally responsible if the tenant breaks any of the promises they made in their tenancy agreement before the tenancy ends and will remain liable for a period of six years from the date they break their promise.
When rental lease expires What happens?
If your lease has expired and doesn’t include an option to renew, the landlord doesn’t have to renew the lease. However, most leases give the tenant an opportunity to ‘hold over’ the lease and stay in the shop on a month-to-month basis at the end of a fixed term. The tenant becomes a periodic tenant or tenant at will.
What happens if a tenant refuses to leave after lease expires?
You can immediately file an eviction if the tenant refuses to leave the property. If you took a rental payment from the tenant after their lease expired, you’ll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.
What happens if guarantor Cannot pay rent?
If the guarantor can’t pay, the consequences can be serious for both tenant and guarantor. The landlord can evict the tenant and initiate collection action against the guarantor. This may include a lawsuit, negatively affecting the guarantor’s credit.
Can tenant stay after lease expires?
A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant’s new rental term.
Can landlord kick me out at end of lease?
Yes, a landlord can evict you if there is no lease. However, a landlord generally must provide notice of terminating your tenancy. (“Evicting you” means starting eviction proceedings if you fail to comply with the notice. A landlord cannot legally evict you without a court order, whether or not you have a lease.)
How do I recover unpaid rent after eviction?
Answer: You can start by using the tenant’s security deposit (if any) to cover the unpaid rent. If the deposit doesn’t cover the two month’s rent, you can sue your former tenant in small claims court (or a similar civil court) for the back rent.
Can you evict a tenant after lease expires?
Yes. A landlord may choose to terminate a tenancy at the end of a lease. If a landlord would like to end a lease when its term expires, some states require the landlord to give notice to the tenant even though the lease already specifies the termination date.