Your tenant won't leave after the lease ended

A holdover is not a trespasser

This is the mistake that costs landlords the most. Someone who entered lawfully under a lease has tenancy rights that survive the lease's end date. Police will generally not remove them, and locking them out is an illegal lockout.

Check whether the tenancy converted

In many states, accepting rent after expiration converts the tenancy to month-to-month, which carries its own notice requirements — often longer than you'd expect.

Give the required notice to terminate

Month-to-month and holdover terminations usually require a specific notice period set by state law. Getting this period wrong restarts everything.

Then file as a holdover

Same path: file in the right court, serve, response period, judgment, writ, setout.

Don't accept rent while you're doing it

In some states accepting a payment mid-process can undo the termination. Check before you cash anything.

The short version

• A holdover tenant is still a tenant — not a trespasser
• Accepting rent after expiration may have created a month-to-month tenancy
• Termination notice periods are state-specific and often longer than expected
• Accepting payment mid-process can undo your case in some states