Are you dealing with frustrating tenants or family members that you can’t get rid of?
There are many reasons homeowners decide to sell. Unable to afford the mortgage with growing property taxes, downsizing because they don’t need all the extra space, or they’ve decided to cash in on their equity to move on to greener pastures.
There’s a whole host of reasons homeowners look to sell.
Situations also arise where selling becomes a more comfortable option. For instance, when you have tenants or family members that refuse to leave.
Having them removed from the property via eviction seems like a drastic measure but, sometimes it is warranted. Especially if you’ve asked nicely and the “tenant” still refuses to budge.
It’s always a good idea to have a lease. Yes, even with family members. It sets boundaries and expectations that are easier for a judge to understand if it comes down to an eviction. That is less likely if there was only a verbal agreement.
First things first, determine what rights you have in the State you reside in. Are there clear rental laws? Is an eviction required? In places where an eviction is necessary, it is good to know your rights and procedures.
Serve your tenant with a notice to vacate. Include the reason for the eviction and the deadline that they are expected to leave the premises.
If the tenant does not leave by the date stated on the notice, it is time to file the eviction with the appropriate channels. In other words, the courts in your district. You will go before a judge to plead your case at which time you could receive a judgment in your favor or a writ of possession.
Once the tenant receives the signed off eviction order, and if they still refuse to leave, your only recourse is to contact your local Sheriff’s office. They will evict the tenant on your behalf.
Removing a tenant is always stressful, especially in cases where that tenant is a family member. It’s good to remember that ultimately, you are the homeowner. What does or does not happen on your property is your decision. If the time has come, and no other recourse is available, to file an eviction. Know your rights.
At the end of the day, if you are still looking to sell because a rental property is no longer a benefit to you, give us a call and we’ll help make things as simple as possible. It’s your home. It’s your decision.Tags: dealing with frustrating tenants, how to evict a family member, I need to sell my home quickly
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