You may run into a situation where a tenant is legally required to leave the home but won’t do so. The first step is to research and understand your state’s laws. Each state has its own regulations when it comes to landlord-tenant relationships and evictions. Know how the process works in your state to ensure you’re fully complying with state laws.
Before taking legal action, start by speaking with the tenant to see if you can reason with them. This is the simplest, cheapest and least confrontational option. However, as you try this strategy, be aware that it may not work.
Next, look through the lease agreement to ensure you have grounds to evict the tenant. Most leases give the property owner the right to terminate the lease if the tenant violates any clause within the agreement. If that’s the case, you can serve the tenant with a formal eviction notice. The notice will stipulate the number of days within which the tenant must leave the home. If the tenant leaves, the matter is resolved. If the tenant still doesn’t leave, you may need to go to court or enlist the help of your local sheriff, depending on your state’s laws.
It’s important to follow the law throughout the eviction process. Avoid confronting or harassing the tenant. Actions such as changing the locks or turning off the utilities without the court’s permission may violate state law and subject you to criminal prosecution and civil lawsuits.