Notice to Vacate, What Now?

2 Replies

Hello all,

I just purchased a home and am in the process of vacating a unit that I need to live in. (Seller did not want to vacate the house but I moved forward anyways) The current tenant is one single guy, no wife or kids, with no lease. Previous owner had trouble with him and another tenant said they tried getting him out before, which clearly didn't work. 

Given that he has no lease, I gave him a 14 day notice to vacate the property. When I dropped the notice off he was not home but I got a call from him after. I told him it was nothing personal and obviously he didn't take it well. All in all, his response was that he would go to the courthouse the next day to set something up. I contacted him the next day to see if he did so and I got no response. 

I am planning on going to court if I have to but I would have to wait until the 14 days is up to start the eviction process. I have 50 days left to get into the house, does anyone else have any suggestions or experiences with this?

Thank you, your wise words are appreciated! -EB

Is this a tenant at sufferance (the tenant had a lease or official permission to occupy the property at one time)? Or is it a squatter situation where he has taken adverse possession? I think you need to figure out what kind of tenant relationship you have and your state's specific rules that apply to that type of lease. One option would be to go to the local magistrate's office responsible for evictions and explain your situation to the staff. They should be able to provide some documentation and direction. I would get educated so you know your worst case.

Then I would try to work out something friendly with the guy which would include cash for keys to help him with his transition. You might get the place sooner and in better shape this way. I would let him know that if he did not agree to the cash for keys, you would pursue the writ of possession route.

If you go ahead with the cash for keys/vacate approach as mentioned by @Michael Tierney , continue to press the legal process in parallel with any other verbal or written agreements that you and the "tenant" make about him vacating.

People, who are losing their home, their essential source of comfort, often truly need to be led, guided, encouraged, and helped with money and/or emotional/social support.  I suspect you'll help your finances the most, by helping the "tenant" do what he needs to.  Best wishes.

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