When it comes to renting out space, landlords have a lot of responsibilities. One of those is making sure that tenants vacate their units at the end of their lease in one piece and without any damage.
While most people will honor their contractual agreements, there are some who decide to hold on to their property for as long as possible past the expiration date. If you find yourself in this situation and need help getting your former tenant out, here are some steps you can take.
When you’re dealing with a tenant who’s refusing to leave, it pays to be prepared.
Here are some things to do:
Take a deep breath. You may be feeling angry or frustrated when your tenants refuse to leave, but taking some time to cool off can help you stay calm and think logically about the situation.
Think about the situation logically without letting emotions get in the way of your decision-making process.
For Example: If your tenant has been late on rent payments before and hasn’t paid their current month’s rent yet. It might not be worth spending money on an eviction if they’ll only be late again next month (and then again).
Think about what would work best for everyone involved – you don’t want anyone getting hurt or losing money because of this situation!
Don’t make any decisions until you’ve calmed down; maybe even sleep on it before making any permanent decisions like filing an eviction notice or changing locks on doors/windows at night while everyone is asleep inside (this could potentially cause harm).
If you have a tenant who is refusing to leave, there are some things you can do.
If you want to make sure that your tenant leaves in a timely manner, the best thing to do is get an eviction court order.
A court order is an official document from a judge that tells someone that they must leave their home within a certain amount of time or else faces further legal consequences. The process for getting this kind of order is fairly straightforward:
File for eviction in Small Claims Court (or whatever type of local court where your property sits). You can do this online or at any courthouse near where your property is located.
Serve notice on all parties involved – the landlord(s), tenants, and any other relevant parties. Such as guarantors who may be liable for damages caused by delinquent renters after they vacate the premises (if applicable). This means physically delivering copies via certified mail, so everyone knows when they’ve been served!
Attend preliminary hearing before magistrate/judge and submit evidence showing why there should be no further delays before issuing final judgment requiring eviction proceedings begin immediately or granting extension based upon good cause shown by either party involved. Generally speaking, though, most judges will grant extensions only if both sides agree beforehand since judges don’t like wasting time either.
Ask the tenant to tell you why they don’t want to leave. If you have a good relationship with them, this will be easier; if not, it might help to ask another staff member or family member to mediate the conversation. You can also try asking in person or over the phone and letting them know that this is an important issue for both parties involved.
Ask if there is anything else that needs addressing before they move out (for example, repairs on appliances). If so, let them know that these issues will be taken care of by a certain date so that they feel comfortable moving forward with their plans.
If possible, offer some sort of compensation for any inconveniences caused by late rent payments. You might even consider offering free rent at another property owned by your company!
If you’re in the midst of a month-to-month lease and the tenant has refused to move out, try getting them to sign a new lease or agreement. If they refuse, get them to agree to move out by a certain date (one month from now).
In exchange for signing this agreement, give them two days’ notice before beginning eviction proceedings.
If you’ve tried everything and the tenant still refuses to leave, then it’s time to threaten them with eviction. This is a last resort – you don’t want to waste your time or energy on going through the court process if you can avoid it.
But if they refuse all other options and continue living in your property without paying rent or making repairs. Then there’s no choice but for them to move out before legal action is taken against them.
When threatening eviction, make sure that:
Before you proceed with an eviction, make sure you have all of the proper paperwork in place.
The best way to deal with tenants who refuse to leave is to be prepared. Make sure that you have all of the proper paperwork in place before filing for eviction, and don’t let emotions get in the way of good decision-making. If possible, try talking with your tenants about why they don’t want to move out–they might have valid reasons for staying put!