Do I need to give my tenants notice to enter their apartment if their lease is up and they no longer pay rent?

[sylvester37]

My tenants lease is up, and they won’t move. I need to do repairs to their apartment, nothing breaking the law like turning off the electricity, and I’m wondering if the same rules of entry apply. As they are now squatters, do I still need to give the 48 hours notice before I enter. Do I need to follow all the same laws now that the lease is up and they are no longer paying rent?

[ned]

Yes, you need to follow all of the regulations in place as though they were regular responsible paying tenants. This includes giving required notice.

By definition they have become holdover tenants and are subject to a notice to quit (get out) and, if they don't leave you file a lawsuit for unlawful detainer. [an eviction order]

You would be wise to check out your state's tenancy laws regarding changing the locks as well. In Texas, for example, you are permitted to change the locks while you are going through the eviction process as a means of accelerating the process. The same law may or may not apply in your state. Check this out first.

[luther]

If they aren't moving and didn't pay, you need to evict them.
What state are you in?

[naseem]

Why havent you evicted them? They dont have a lease and you gave them 30 days notice, and they refuse to leave or pay rent ? They are not legal tenants and you dont have to give notice to trespassers. Make sure you have proof of the written notice you gave them if they try to sue you or take you to tenant court.

You cannot turn their utilities off and you cannot hold their possessions hostage for rent money. You can evict them and sue them.

[wethrby]

They are not squatters. They are your tenants. ALL landlord and tenant laws still apply. You still have to give notice, you still have to make repairs they request, etc. Nothing at all changes until you have an executed writ of possession, or they move out on their own.

[garwyli91]

Sorry, but nonpaying deadbeats still have rights. They are still entitled to notice.

YOU are also more than entitled to evict their sorry rears. Why haven't you done this? They will continue to take advantage of you until you take action to get them out.

[edmondo93]

Begin immediately the EVICTION PROCESS.

The longer you wait, the more you lose. Don't expect them to all of a sudden to pay you. I've been a landlord for 30 years and been screwed by being nice. ANY LAWYER will tell you the first day they are late with RENT - start the eviction process. They'll know from day one you aren't playing their game.

1. The car broke down.
2. I got laid off.
3. My dog got sick.
4. I had to go on a vacation.
5. It's christmas time.
6. It's my birthday.
7. My boyfriend stole the rent money.
8. My 16 old stole the rent money.
9. I had to get drunk.
10. I had to pay my old landlord.

......

I'm out more then $30k over 25 years being "nice". Trust me, it adds up.

I also write RentLaw.com The National Landlord Tenant Guide.