Lease was not renewed but tenant won't vacate

[dangit]

History:

1) The annual lease expired 9/30/08. It then reverted to a month-to-month lease with termination requiring 30 days notice.

2) Tenant missed monthly rent payments for December of 2008, and January of 2009. I then had the option of pursuing an eviction thru the courts (costly and could take up to two months for the actual eviction) or sending notice on non-renewal.

3) Tenant was sent notice January 28th of non-renewal. This would require he vacate the premises prior to March 1, 2009.

It is now March 19th and tenant has not yet vacated the property despite his expected departure by February 28th, 2009. I have three questions as follows:

1) Do I need to pursue an eviction thru the courts?

2) May I move into my home and have his possesions placed in storage elsewhere?

3) What are my rights as the landlord?

Please advise. Thank you very much for the input.

 

[Gail_in_Georgia]

1. Yes

2. No, not until you receive "permission" via an eviction granted through your court system.

3. Your rights as a landlord are to proceed with the eviction and, if you wish, sue (this is typically done through Small Claims court unless the amount owed exceeds your states allowance for Small Claims) for the back rent.

Gail