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luv2jeter | I have tenants that will not move out and I gave them a month and a half notice to move? What are my options? |
My house is being sold and the people who are buying it want it empty. My tenant said that she is going to go to court to see what her options are? Does it matter that they have 2 kids?
Additional Details
she has no lease and no i didnt give her a written notice but i did give her enough time to move out. |
 |
 
Tom P
 |
There isn't enough information to properly answer your question. The rules of eviction vary greatly from jurisdiction to jurisdiction. If there is a lease in force, you cannot evict your tenant until after the lease is terminated. In most states you need to give a 30 day or 60 day notice prior to the lease expiration.
Your tenants situation (kids) have nothing to do with the equation. It all depends on your following the eviction procedure and the remedy for non-compliance.
Since you are selling the house, which could be a transaction of a few hundred thousand dollars, I would speak with a real estate attorney with the specific details of your situation.
Good Luck! |
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I Buy And Sell Houses
 |
I'm not a lawyer, so this isn't legal advice. For legal advice, contact a lawyer. However....
Your tenants have the right to remain in your property until their lease expires. The lease transfers over to the new owner.
Now, if your lease provides that it's terminated upon sale of a property, then you're OK. But that'd be very rare. And that's why your buyers want it empty. Otherwise, they're going to be stuck with your tenants. They want you to handle that problem.
On what basis did you give them 45 days to move?
Depending on where you live, evictions (even when there are grounds for eviction, which you haven't presented here) can take 60 days, 90 days, 120 days, or even longer. Plus, it's messy and expensive.
Best solution: Buy your tenants out. Give them money to move.
For legal advice, contact a lawyer. |
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***t***
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You have to talk to a lawyer! |
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justagorilla
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Did you serve her a written 30 day notice? you should have. Now you will have to go through this process. Get it done legally...she may be able to drag it out... |
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Classy Granny
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It's all going to require time, but when she goes to court she'll find out she doesn't have any options other than to move out. They should be served with a 30 day written notice. It wouldn't matter if they have 2 kids or a dozen. They have to move. |
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estielmo
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The kids mean nothing. Does she have a lease? If she does she stays, no queston.
Either way, the fastest thing is to simply offer her a lump sum to move out. $2000 cash on the table is a strong inducement. If you don't get them out you'll lose the sale. |
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efflandt
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Check landlord tenant laws for your state. With no written lease, if she has been paying monthly, she is considered a month to month tenant. If she will not leave in the required time after you give her proper written notice, begin eviction procedures. |
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Bibs
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If your notice was in writing and their lease was month to month or an expired longer lease, go to the clerk of the small claims court to start an eviction action; or get the help of an attorney. You will need to have evidence that they were served with the notice. An impartial witness or a notice sent by certified mail with a return receipt will do. The two children doesn't mean a thing. Maybe you should consider an attorney for this job. Then there will not be any problems with legal technicalities. |
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Tiger Kate
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if they havent broken any conditions of the lease and the lease has not expired you can ask them to leave but if they don't want to they don't have to by law they can stay till the lease has run out |
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