What To Do When Tenant Refuses To Leave?

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.

Prepare Well

When you’re dealing with a tenant who’s refusing to leave, it pays to be prepared.

 

Here are some things to do:

• Do your Research. If you’re unfamiliar with the legal process for evicting a tenant, find out exactly how it works in your area and what kind of notice is required before filing an eviction lawsuit against them.

• Get all the Facts. Make sure that all necessary documents are gathered – including rental agreements and receipts for rent payments made. So that there will be no question about whether or not they owe money on their lease agreement when it comes time for court proceedings (or if they’ve broken any other rules).

• Get help from a Professional if Needed! If this is something that feels overwhelming or confusing. Don’t hesitate to ask for advice from someone who knows more than just how much work goes into being an awesome landlord!

Take A Step Back

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).

Invite the Tenant to Leave

If you have a tenant who is refusing to leave, there are some things you can do.

• Ask the tenant if they need help moving their things out of the apartment. If they do, offer to pay for movers or any other costs associated with moving.

• Offer to pay for storage space in case they need it while looking for another place. You may also want to consider offering them a hotel room until they find another apartment or house that meets their needs better than yours does (and isn’t full).

Get a Court Order

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.

Find Out Why They’re Refusing To Leave

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!

Get The Tenants To Sign A New Lease Or Agreement

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.

Threaten Eviction If Your Tenants Don’t Agree To Move

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:

• You have a good reason (such as nonpayment of rent) on why they need to leave so quickly; otherwise, they may contest your claim in court

• You have all the necessary paperwork in place so that, if necessary, an eviction notice can be served immediately

Make Sure You Have All Of The Proper Paperwork In Place Before Filing For Eviction

Before you proceed with an eviction, make sure you have all of the proper paperwork in place.

 

This includes:

• A Lease Agreement. If your tenants are on a month-to-month lease, this will likely be easy to obtain. However, if they have signed a year or longer contract with you (as is typical), then getting them to hand over their copy may prove difficult.

• A Written Notice of Termination. Unless there is something specific in your state law that allows for oral termination notices (which would be very rare), then all notices must be in writing and served on both parties involved.

• A court order Granting Permission for Eviction Proceedings against a tenant who has failed to pay rent or broken any other provision(s) of their rental agreement; also known as “judgment by default.” In some states, this document must come from the county court, while others require city courts to handle evictions instead–check before filing!

The Bottom Line

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!