T won't leave - Landlord Forum thread 341235

T won't leave by Anonymous on November 29, 2015 @20:45

T is on month to month and I gave him 30 day notice. He told me he will not leave, has, no ,money, and has no place to go. He was living in one room of a three bedroom apartment. He has cleaned out his room and given me keys to the front door. However, he has moved all of his belongings to the basement, not given me his bedroom key, and is now sleeping on the living room couch.
Do I need to wait the 30 days and follow eviction procedures? Or since he has left the room, but not the apartment , does that give me any more rights I can follow through with now?
Has he officially " surrendered" his lease?
Thanks

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Re: T won't leave by Patty on November 29, 2015 @21:52	[ Reply ]

You will have to wait out the 30 day notice and no, the tenant has not surrendered the rental yet. If non payment of rent occurs, then also proceed with the eviction process for what ever State you're in.

Re: T won't leave by Anonymous on November 29, 2015 @23:06	[ Reply ]

You may be in a little over your head. Consult a lawyer during the week.

Re: T won't leave by anon on December 1, 2015 @22:13	[ Reply ]

He is a tenant living there to whom you have given notice to terminate. So, if he is not gone when the notice says to be gone, you have to serve him with papers to start the eviction per your state's requirements. Forget about all the complicating factors. Keep it simple and to the real issue.