If Tenants Won?t Leave

| June 5, 2009 More

Unfortunately some landlord/tenant situations don’t go as well as everyone would hope, in fact there are people who routinely take advantage of landlords by refusing to leave the premises after they’ve broken the rules, failed to make payments, and been asked to leave by the landlord. If you find your self in this situation you will have to take legal measures to remove a tenant from your property.

Your first step is serving the process is serving the tenant with an unconditional quit notice, this lets them know they have to vacate the premises in a specified amount of time and they have no chance of rectifying the situation. Check with your state or local laws to see how long the tenant has after notification to vacate.

If the tenant still won’t leave then you need to move ahead with eviction proceedings. Again, you’ll have to check with your state and local laws or look for a landlord organization and they should have packages of information that will help you with the process and provide you with the appropriate paperwork. Make sure you follow every step to the letter because not doing so may delay the process.

Each court is different but yours will assign a trial date at which time you’re expected to show up with all of your evidence. If you win the case your tenant will be given some time to gather their belongings and leave, this can be several days or several weeks.

If the tenant has still not left the property at the prescribed time then you’ll have to call your local police and tell them that you need a tenant forcibly evicted, at which point they will come over and escort the tenants off the premises.

If this is new to you, you may want to hire a lawyer who is well versed in tenant law and has handled this sort of case before.

Category: Real Estate Law, Tenants

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