What legal action can I take if my tenant won’t vacate the property after the lease expired? 5 Answers as of October 22, 2013

My tenant lease expired Oct. 3, 2013 and in the states End of Lease Term indicates that when the lease term ends, Tenant must promptly vacate the premises, remove all personal property and return the keys. I even gave her a Notice of Non Renewal letter back in September. Tenant is still in possession and told me she will not be out until mid November. If I use her last month’s rent to pay for September does she still owe rent for October even if her lease expired? And how do I proceed if I take her to court? What papers would I serve her?

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Law Offices of Frances Headley | Frances Headley
You will have to proceed with an unlawful detainer.
Answer Applies to: California
Replied: 10/22/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
You should contact an attorney to assist you on this as seeking an eviction has many traps for the unwary that could make the process much longer and more expensive if not done correctly. While you typically do not need to provide notice to terminate at the end of a written lease term, if you accept rent after it expires, that could be considered acceptance of a hold-over tenancy. Your tenant would still owe for October. If September was paid for but not October, you might issue her a 3-day pay or vacate. You could apply the last month's rent to October and wait to see if she vacates when she said. You might have her to verify her verbal notice to leave in writing for you as well. This will help if you need to begin eviction proceedings in November.
Answer Applies to: Washington
Replied: 10/21/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Give your tenant a notice to quit and then file an eviction action.
Answer Applies to: Idaho
Replied: 10/21/2013
MatthewR. Schutz, Esq | Matthew R. Schutz
In NJ leases renew automatically. Typically on a month to month basis unless otherwise permitted by the lease. Also to be considered is whether or not the owner occupies the premises and if it's 3 units or less. If both conditions are not met, there has to be cause acceptable under the anti eviction act.
Answer Applies to: New Jersey
Replied: 10/21/2013
Kevin H Pate
Kevin H Pate | Kevin H Pate
Since you do not know what to do, save time and money and engage counsel to evict the tenant. Why you have waited 3 weeks to consider acting is a mystery.
Answer Applies to: Oklahoma
Replied: 10/21/2013
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