Your tenant won't leave after the lease ended
- A holdover is not a trespasser
- Check whether the tenancy converted
- Give the required notice to terminate
- Then file as a holdover
- Don't accept rent while you're doing it
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
Tell us where the property is
We handle cases directly in Georgia and can point you in the right direction elsewhere.
Need help with a real case?
Tell us where the property is and where the case stands.
Landlord eviction checklist
The pre-filing checks that prevent most rejections. One page, free.
Common questions
Can I evict a tenant without going to court?
No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.
How long does an eviction take?
It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.
Do I need a lawyer to evict a tenant?
Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.
What's the difference between a judgment and a writ?
A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.
Stop reading, start moving
If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.