Squatters, Help!

Unfortunately the laws in most states tend to favor the tenant rather than the landlord. In NJ when a tenant knows the laws they can play the system for as much as 6 months after their lease has been terminated.

I'm sorry but all you can do is proceed with the trial and hope that they vacate before then. Tell me what state you're in and I'll see if I can find anything in the laws that might help.

Thank you for your response.

I live in the state of Alabama.

I have looked up our state law on evictions and Alabama State Eviction Law section 35-9-85 states:

Obviously they have lied in their affidavit. According to your state's law 35-9-84 (which, by the way, has been repealed effective 1/1/2007), "The tenant may arrest the proceedings and prevent the removal of himself and goods from the land by declaring on oath that his lease or term of rent has not expired, and that he is not holding possession of the premises over and beyond his term, or that his right of possession has not terminated or been forfeited, and that he still has a good and lawful right to the possession of said premises."

If I were in your position I would be prepared to file a lawsuit in small claims court immediately after they are out of the house. I would sue them for all of your damages, including interest you lost for not being able to close on the sale of the house to your daughter, court fees for both the eviction action and the small claims action, lost wages for time spent in court, etc. Your tenants have availed themselves of a delaying tactic and you should go after them for it.

And your court date was probably set late for 2 reasons: (1) there is probably a backlog in the court's schedule; and (2) the tenant probably used up a favor at the court house to get the trial listed as late as possible.