How does a landlord remove a tenant at the end of a written lease?


Pauline: Hello, thank you for taking my call. I have a rental property which I would like to occupy. And the lease is up with my current tenant at the end of September. What notice do I need to give to her for her to vacate the house and then I would not renew the lease?

Attorney Tom Olsen: Tell me when does your lease end?

Pauline: At the end of September.

Attorney Tom Olsen: Okay. Without you giving any notice to your tenant, without your tenant giving any notice to you, the last day of September, that tenant should be gone. There's nothing you should have to do further for that tenant to be gone. If on October one or two or three, you're tenant is still there, then you're going to have to give them some kind of notice to begin an eviction process, not based on non-payment of rent but simply because they have exceeded the lease term.

Pauline:  I see. If my rental property is over Windermere and her children currently attend school there. I'm sure that she wants to stay within that neighbourhood. And so, I don't want to be mean to her and I'd like to give her advanced notice.

Attorney Tom Olsen: Legally, you're not obligated to, but from a practical point of view, it may be wise for you to contact your tenant and say, "Look, I'm not obligated to give you notice, I want you to know that our lease ends at September 30th. I want you to know that I expect you to be vacated by September 30th. I'm not going to extend this lease for any period of time. If you're still there on October one, I'm going to give you notice, I'm going to begin evicting you. Does that make sense?

Pauline: Yes it does. I do appreciate you giving me that advice because I thought I had to give her at least 60 days’ notice.