HOW DO WE FORCE TENANT TO LEAVE HOME WE SOLD?

We have a monthly tenant in a house we decided to sell. We gave her first chance, but she could not qualify for financing. We found a new buyer and gave our tenant 30 days’ notice to move out. We are a few days from closing, and our tenant does not seem to have any intention to leave. What can we do? — Violet

Since your tenant is on a month to month lease, you provided more than the required 15-day notice you are not renewing. 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 a new lease, and you will have to begin the cycle again.

Though filing an eviction suit eventually will get your tenant out, it may not occur for weeks. A landlord may not force the tenant out by cutting power or changing locks and must wait for the suit to take its course. Though this will eventually work, your buyer will be upset and may even have trouble with mortgage financing if the eviction drags out. You can take a more pragmatic approach. Talk with your tenant to see the issue. She may not have the money to move or be having trouble finding a new apartment.

I have found that many people jump right to a dispute and skip over potentially easier solutions. Once you discover what your tenant’s holdup is, try to address it. If the problem is not finding a new rental, help her look. If she needs help with moving expenses or the extra expense of starting a new lease, writing your tenant a check may be quicker and less expensive than writing one to your attorney or paying the mortgage while finding a new buyer. Just be sure to get the arrangement signed and not give her all the funds until she is out of the house.