What should we do to force tenant to leave home we sold?
Q: We have amonthly tenant in ahousewe decided to sell. We have her first chance, but she could not qualify for financing. We found a newbuyer and gave our tenant 30 days’ notice tomove out because the buyerswant tomove in. We are a fewdays from closing, and our tenant is not packing and doesnot seemto have any intention
to leave. Whatcan we do?— Violet
A:
Since your tenant is on a month to month lease, you provided more than the required 15-day notice you are not renewing the lease for another month.
This terminates the monthly lease allowing you to file an eviction lawsuit to have the tenant removed.
Be careful not to accept more rent after termination because doing so will start anewlease, and you will have to begin the cycle again.
While filing an eviction suit eventually will get your tenant out, it may not occur for severalweeks. Alandlordmay
not force their tenant out by, for example, cutting power or changing the locks, andmustwait for the lawsuit to take its course.
While this will eventuallywork, your buyer will be upset and may even have trouble with their mortgage financing if the eviction drags out.
You can take a more pragmatic approach. Start by talking with your tenant to see the issue. Shemay not have the money to move or be having trouble finding anewapartment.
I have found thatmany people jump right to a dispute and skip over
potentially easier solutions. Once you discover what your tenant’s hold-up is, try
to address it. If the problem is not finding a newrental, help her look.
If she needs help with moving expenses or the extra expense of starting a newlease, writing your tenant a checkmay be quicker and less expensive than writing one to your attorney or paying the mortgage while finding a newbuyer.
Just be sure to get the arrangement signed and not give her all the funds until she is out of the house.
Board-certified real estate lawyerGary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw. com, or go to SunSentinel. com/askpro.