My tenants are refusing to shift out even though we informed them 6 months in advance,how do we get them out?

Question

They are saying that they will shift out only when they get another house but we know that they have not been looking out for any other house,and they are pretty cool about the whole issue.The person whom we gave the house on rent to does not live there anymore and without our knowledge has let his mom and brother live there..he has also given it in writing that they will move out after 6 months but now has no intention of doing so.They have been renting the house for almost 8 years now and just wont move out.Please help...

Answer 1

You cannot use self help; you must use legal process. See a local attorney to commence legal proceedings evicting them.

Answer 2

The first step is to post a Three Day Notice to Quit on the door with states you have 3 days to .... (pay the rent) or action will be taken. After 3 days, go to your county clerks office and request paperwork for a Forcible Entry and Detainer case (also called an FED). You will fill out the summons and compliant. There is a cost involved ($46 in CO). After the court case is open, you will have to have a neutral third party served the defendants (tenants) in the case with a copy of the summons, complaint and answer form. On the court date, if the defendants don't file an answer, you can request default judgment for possession and/or damages depending on what type of service you were able to get. The forms might be available for free online, just call the county clerks office and ask. Depending on how long it takes for you get get service, it could take as little as 2 weeks.

Answer 3

You cannot just tell the police to escort them off the property or lock them out and throw their items on the street. You have to actually sue them for eviction and you have to file a motion asking to be granted an order from the judge to be able to physically kick them out. It is kind of a long process, I would call an atty as soon as possible. If you don't have the money to hire an attorney, I know that in Utah we have a court assistance program for Landlord/Tenant disputes. It gives you all of the forms you need and when and how to file them without the assistance of an atty. I would check your state court's website to see if they have anything similar. Add which state you are in and I might be able to help you find out if your state has anything like this.

Answer 4

There are laws on your side. Depending on which state you live in. They obviously don't take you seriously.

You need to get a lawyer involved, probably?

When the 5th month comes around send them a final letter....stating your intentions. We need this house...blah, blah, (tell them why); we've given you plenty of time; we will take legal action if need be but rather not; please cooperate to avoid ruining your credit, etc.

There is a form you could buy at Staples or office depot called '3 day notice to quit' (something like that). If they don't leave call the police and tell them you have served them and need their help to get them out. Warn them about this step and do it. I think I got all the bases covered. it has been awhile.

Search 'how to remove stubborn renters'

Answer 5

Sounds easier said then done. I know in my state, one of the hardest things to do is get a tenant out of your property. You can't just throw people on the street here (not saying that is what you are doing). It can take 6months to a year process to get someone legally out of you home. My suggestion is to call the county attorney and find out what steps you need to take. You do have a bonus on your side with the written notice they gave you. Mention that to the county attorney, it may helps things go along faster. I know in my state if the landlord doesn't accept rent payments then they actually find the landlord at fault. I know that doesn't seem fair, does it? Your county attorney is your best option, they will give you the steps to take and at which point to call the sheriff if need be. The best of luck to you.

Answer 6

If you are in India it is not going to be easy, since you say they are living in your house for almost 8 years. The laws here are lenient towards tenants without house since they are by default "poor" and as for the owners the law cares very little since they are "rich". Added if you go to the court it will take another few years to evict them. So consult a lawyer immediately and take immediate action. If not they might even usurp your property due to the very long stay in your house.

Answer 7

You cannot do anything,the rent control act may be in his
support.Please consult a lawyer.
For heaven's sake,do not refuse his rent;he will deposit it
with the controller and you shall wear the soles of your shoes
to get it back from the government.
The other way is to engage some hoodlums who will make
the life of your tenant miserable and if he does not feel at home
in his house he may leave.You may have to bribe the Police
Officer in your area so that he does not action against the
hoodlums.

Answer 8

1. DO NOT accept another rental payment.
2. Go to court and get a legal eviction. It only takes about 10 days.
3. Call the Sheriff to escort them off the property.

Answer 9

You have to go to court and file an eviction. Go to your local police station and ask advice from them how to start eviction proceedings. You must make sure you have evidence that you gave them 6 months notice to move out.
Best evidence is to have a certified letter (that must be signed by them when they receive it). That way they had to sign the letter stating they have to move out.

Answer 10

You will have to contact the police who will forcibly evict them.