Being a landlord can be rewarding, but it also comes with its challenges—one of those challenges is dealing with tenants who don’t move out on time. Whether they’re staying after their lease has expired or ignoring eviction notices, it can be a frustrating and stressful situation for landlords to deal with.
Whatever the reason, you must know your rights as a landlord, what the law says about eviction, and what steps you can take to resolve the situation. Let’s take an in-depth look into what to do if your tenant doesn’t move out on time to help you resolve the situation as quickly and professionally as possible.
Contact the Tenant and Explain the Situation in a Professional Manner
The first step to take when a tenant doesn’t move out on time is to try to resolve the issue through communication. Communicating with your tenant can help you understand why they’re holding over, and you may be able to work out a quick and easy solution.
Approach your tenant calmly and respectfully and try to understand their perspective and reasons for not moving out. Some tenants may have valid reasons, such as a delay in securing a new home or unexpected financial challenges. In such a case, you can consider negotiating a revised move-out date or extending the lease for a short period. However, if the reason is non-compliance or malicious intent, you may need to escalate the matter.
Give the Tenant a Written Notice
A written notice is a formal document that a landlord issues to a tenant that communicates specific information about an issue related to the tenancy agreement. It could be about violations of lease terms, rent arrears, or a notice to quit. The purpose of this notice is to allow the tenant to rectify an issue or prepare for legal ramifications, such as eviction.
If a tenant doesn’t move out on time and won’t leave even after you’ve spoken with them, your first step is to serve them with a written notice. In most states, you can’t begin to pursue the eviction process before serving your tenant a written notice.
Check for Any Legal Requirements
Before writing your notice, check if your state or local government has any legal requirements or regulations regarding written notices. Some areas may require that you include specific information in your written notice or that you deliver the notice in a certain way. Ignoring these rules can lead to legal complications, so take this step seriously.
Additionally, each state has specific laws that regulate the content, delivery, and timing of written notices. For instance, in some states, you need to provide a notice period of at least 30 days to tenants, while others require a 60-day notice.
Use a Professional Tone
When writing your notice, you must use a professional tone, even if you’re frustrated. Avoid using threatening or abusive language, as it can worsen the situation and may harm you in court. Instead, keep your tone calm, neutral, and factual. Stick to the facts and avoid exaggerating or making assumptions.
Clearly State Your Intent
In your written notice, make it clear that you expect the tenant to move out by a specific date and that failing to do so will result in further legal action. Be specific about the date and time and provide enough notice for the tenant to make arrangements. You can also include any consequences the tenant may face for not complying with your request. For example, you can say that they’ll forfeit their security deposit or that you’ll sue them for breach of contract.
Include Supporting Documentation
If any lease agreements, rental agreements, or other documents support your request, make sure to include them with your written notice. This can strengthen your case and make it clear what the tenant agreed to when signing the lease. Supporting documentation can also prove that the tenant was aware of their responsibilities and that they were in breach of their contract.
Deliver the Notice Correctly
Once you prepare your notice, you need to deliver it to the tenant. Make sure to do so in a lawful way, such as by certified mail or through a process server. Keep a record of the delivery, and if possible, get a signature or other form of proof that the tenant received the notice. This can be important evidence in case the matter ends up in court.
The Eviction Process
If you’ve spoken to your tenant about moving out on time, and they refuse to do so even after receiving a written notice, you need to start the eviction process.
Once the notice period has elapsed, the landlord can move forward to the next stage, which is filing an eviction lawsuit. The landlord can file a lawsuit on the grounds that the tenant has violated the lease agreement and must also prove that they served the tenant with an eviction notice.
Sometimes, the tenant may dispute the eviction and file a counterclaim, which can delay or complicate the eviction process. You must be well-prepared and understand the legal ramifications since the judge will make the determination based on the facts presented by both parties.
Once the court grants the eviction process, the judge will give the tenant a certain number of days to move out, which varies depending on state law. However, the landlord can’t forcibly evict the tenant. A sheriff or bailiff has to do this. If the landlord tries to forcibly evict the tenant, they may face legal liabilities, including assault.
What To Keep in Mind
Tenant eviction laws vary from state to state, so you must familiarize yourself with the eviction laws specific to your state before proceeding with any legal action. Failure to comply with these laws and regulations could result in legal issues for you as a landlord.
When you decide to pursue eviction of one of your tenants, you must document everything related to the process. This includes all communications between you and your tenant, any repairs, complaints, or notices made, and any other necessary information. Proper documentation is essential, as it will provide you with a clear timeline and evidence. It’s also a good way to protect yourself as a landlord if the tenant files a lawsuit.
It may benefit you to hire an experienced attorney specializing in landlord-tenant law. An attorney can assist you with the legal process of eviction and help you navigate through the many complexities involved. They can also help you understand your rights as a landlord and advise you on the best course of action regarding tenant eviction. This can save you from making mistakes or from costly legal battles that could arise from an improperly handled eviction.
Dealing with a tenant who won’t move out on time can be stressful, time-consuming, and unpleasant. As a landlord, you have other responsibilities to attend to and might not want to deal with the eviction process.
At Excalibur Homes, we offer a wide array of property management services and can deal with frustrating and time-consuming evictions for you. We want to make your life easier as a landlord so that you never have to worry about dealing with awkward or exasperating tenant situations alone.
