Tenant Refuses Eviction: Your Next Steps

If you own or manage a rental property, you know that you occasionally must deal with a tenant who refuses to move out after their lease has expired or denies eviction proceedings. This can be difficult to navigate, but with the correct information and resources, you can successfully evict the tenant and protect your property.

By abiding by the law, following the proper procedures, and being prepared for any potential challenges, you can ensure that you get your property back on time.

What To Do if a Tenant Refuses to Move Out

As a landlord, you can evict a tenant who refuses to leave after their lease has ended. However, there are specific procedures that you must follow to do so legally.

Step 1: Try to Negotiate With the Tenant

Explain your situation to the tenant and try to agree on when they will vacate the property. Tenant communication is key in this situation, so document all conversations (email is best) and keep a polite but firm tone. There may be reasons the tenant must wait to move out, such as job loss or financial difficulties. If they have difficulty finding a new place to live, offer to help them with their search. In some cases, the tenant may be willing to agree to a new lease with different terms.

Step 2: Give the Tenant a Written Notice

This notice should state the unit violations, the date the tenant must vacate the property, and other pertinent information. Make sure to keep a copy of this notice for your records. You should also consult with an attorney to draft this notice, as it will need to be legally binding.

Following your local and state laws regarding eviction notices is essential, as they can vary significantly. Landlords can explore resources and examples of tenant eviction notices for more guidance and information on creating an effective eviction notice, as they provide comprehensive information on the required notice period, the specific language required, and any other legal obligations that may apply. Additionally, consider engaging in a dialogue with your tenant to potentially resolve the issue amicably, which could lead to a more favorable outcome for both parties.

Step 3: File for a Tenant Eviction Lawsuit

If the tenant still refuses to move out after receiving the written notice, you must file for an eviction. Apartment evictions can be a lengthy and expensive process, so it is important to be sure that you have a strong case before proceeding. Once the lawsuit is filed, the court will set a hearing date. At the hearing, you and the tenant will have a chance to present your case. If the judge rules in your favor, they will issue an eviction order. The civil enforcement officer will then be responsible for carrying out the eviction.

ExactEstate offers online unit violation tracking software that makes it easy for landlords to track unit violations and keep communication records with tenants. This can be a valuable asset in eviction, as it provides a clear and concise record of any issues that have occurred.

What To Avoid Doing if Your Tenant Won’t Leave

It can be frustrating and stressful to deal with a tenant who refuses to move out, but it is essential to avoid taking any illegal or unprofessional actions. Here are some things to avoid doing if your tenant won’t leave:

1. Don’t change the locks or remove the tenant’s belongings: Changing the locks on a tenant’s unit is illegal in most states, as it deprives the tenant of their right to access the property. Additionally, removing a tenant’s belongings from the unit without a court order is considered theft and can lead to criminal charges.
2. Don’t threaten, harass, or intimidate the tenant: Threatening or harassing a tenant is illegal and will not help you resolve the situation. In addition, if the tenant feels intimidated, they may be less likely to cooperate with you, which may lead to further legal action against you.
3. Don’t stop providing services or utilities: Withholding essential services like water and electricity is illegal in most states. Additionally, it will make the unit uninhabitable and could lead to the tenant filing a lawsuit against you.
4. Don’t try to do it alone: Get help from a professional eviction attorney if you can. Property management evictions can be complicated and time-consuming, so it is often worth it to hire an attorney with the help of a property management company like ExactEstate to handle the eviction for you.

Our document management tool can help you stay organized throughout the eviction process and keep track of all the necessary paperwork, which will make the eviction process more manageable.

The Consequences of Not Following the Eviction Process Correctly

The process of evicting a tenant is never an easy one. But if you don’t follow the proper procedures, it can be even more complicated. Although the consequences of illegal evictions vary by state, some of the possible consequences include:

• Financial liability: This could potentially result in the landlord having to pay damages to the tenant due to their illegal actions
• Delay in the eviction process: If the landlord is found to have acted illegally, the court may delay the eviction process, which could end up costing the landlord more money in the long run.
• Loss of rent: In some states, illegal eviction can result in the loss of rent for the month during which the eviction occurred.
• The tenant can file a counterclaim: If the tenant feels that they were illegally evicted, they may file a counterclaim alleging that the landlord violated their rights.

As you can see, property owners must educate themselves on the eviction process and ensure they follow all the legal requirements. ExactEstate offers property management training courses to help landlords and staff stay sharp on the best practices that leasing consultants, on-site managers, and corporate housing providers need to know.

Final Thoughts

The situation of a tenant refusing to move out can be a difficult one for landlords to deal with. But by following the proper legal procedures and avoiding any illegal or unprofessional actions, you can minimize the potential risks and setbacks.

Landlords and property managers should be aware of the eviction process in their state, as well as what to do if a tenant refuses to move out. Ignorance of the law can lead to costly consequences, so it is vital to take the time to understand your rights and responsibilities.

Our online platform at ExactEstate offers landlords and property managers a wide range of tools to help with eviction, from online payments to document management. We also have a robust learning management system built in to train property management personnel on the latest industry trends and best practices. To learn more about how ExactEstate can help you streamline your operations, request a demo today.