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Have a lease with renters with option to own. Lease is up May 15th 2009. Do I need to evict since lease is up?

I am not renewing lease due to renters have not paid rent without being reminded and currently owe several months rent. Since the lease is up do I have to go through eviction process?

Public Comments

1. If lease isn't up yet just give them notice that you don't plan on renewing. however since lease is less than 30 days from being up, you have to give them more notice. You can inform them that you won't be renewing their lease and they have to be out by the 15th, but if they want to be buttheads about it they can just stay and drag it on. Then again if they're not paying rent, they can just stay till you formally evict them (which is going to take a while)
2. No, I would think since they are not current, they have voided the terms of the original lease. What took you so long?
3. Yes, if they do not voluntarily leave at the end of the lease. You must first serve them a 30 days notice. If they refuse to leave by the end of that notice then file eviction with the court.
4. In my state, California, you are not required give notice because the lease agreement serves as the notice, however it still is wise to make the tenant aware well in advance that your are not going to let them continue renting the property. Have you told them that they will have to move or are they going to be surprised? If they illegally holdover all that is required to start the eviction process is a Three Day Notice To Surrender Premises. If you accept any payment in rent from the tenants for a time period after May 15 you will have established a month-to month tenancy. Again in my state if the tenant has lived in the premises over 12 months then it requires a 60 day notice to move if you allowed a month-to-month tenancy to be established.