The Fixed-Term Tenancy

Covers: Requirements of a lease agreement: contain a commencement and expiration date, document in writing if for a period greater than one year; Termination of a fixed-term tenancy; Advantages and disadvantages of a fixed-term tenancy

[jeffharrison]

Hi there, you stated that with Fixed-Term Tenancy automatically terms on the expiration date, NO notice
required. Question though, if tenant doesn't vacate property on or before expiration date, MUST OWNER
still go through all the hoopla of eviction if tenant stays after expiration date? That is, after expiration date
would court issue quickly an order for sheriff (or whoever) to escort and/or remove tenant and their property?
About to rent an in-laws unit out and would like the terms to be favorable towards me should tenant turns out
to be a problem person. Have had 5 tenants before and only had a problem with one where I had to spend
and lost $3000 dollars in lawyers, court cost and non rent payment. Other tenants did the correct thing when
they lost the jobs, or wanted to live with the mates or whatever, just moved out with notices of moving! The
right way. One after loosing job just figured, he wouldn't pay...this was on a month to month agreement.


Though now, I would use a 6-month Fixed-Term Lease and have a clause that at the 5-month of Term
Lease agreement that either the tenant could ask for another 6 months that would we sign and start
a next Term Lease Agreement prior to the current expiration lease. OR, I could decline a new Fixed Term
Lease (should there be problems with tenant not paying on-time, too noisy, too disruptive, too whatever)
and simple state I will be offering another 6 month lease.



Would like to avoid the extra costs of eviction and not have to wait 2-3 months for courts to finally force
tenant to move. Was hoping that with Fixed-Term Tenancy, court would simply honor the signed agreement
stating expiration date and order in immediate serving of papers for sheriff (whoever) to escort tenant
and belongings off property in short order...like 7-10 days and NOT 2-3 Months!!!



Otherwise, the difference in a Fixed Term Tenancy vs Periodic Tenancy seems to be in NAME only as the

tenants have greater rights to stay on property than Owner has to reclaim property. Oh, in the eviction that
I had to do and won in court, the tenant was to pay court costs and other damages....did this happen? NO!

Is this worth pursuing in court? NO! Courts can't make tenants pay and won't put them in jail due to

overcrowding. Tenants know this already and therefore operate with complete immunity!



If anyone knows the best type of rental agreement or CLAUS to have in their agreement that the COURTS

will SUPPORT and issue immediate evictions PLEASE LET ME KNOW. In California, so I know things are
difficult and favors everyone but the FACELESS, GREEDY OWNERS! Thanks so much, everyone!!!