There is a common misconception that upon expiration of a lease, the landlord needs to serve a tenant with an eviction notice if they do not vacate on their own. This is not the case! If a tenant's lease has expired and they are holding over, a landlord may file an eviction immediately without first serving an eviction notice.

However, it is very important that the landlord does not accept rent after the expiration. Once rent is accepted, a periodic tenancy is created and a notice, most likely a 28 day notice, will be required to terminate the tenancy.

Many tenants wish to remain on a property after the expiration of a lease but do not want to sign on for another year. A lot of landlords will continue to accept rent past the expiration date of the lease because it is reliable money. However, this creates another tenancy.

We always tell our landlord clients to make sure their tenants sign new leases at the beginning of each year or each term. This practice will not only protect our clients, but also protects the tenants. Please get your tenants to sign new leases or evict them if they hold over after the expiration of their lease. It will save you time and attorney fees in the end!