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    gloriaj's Avatar
    gloriaj Posts: 4, Reputation: 1
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    #1

    Apr 5, 2011, 09:03 AM
    Tenant won't move out
    What should I do if the tenant refuses to leave even with the eviction notice being served?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 5, 2011, 09:07 AM

    Hello g:

    The eviction notice you served is the beginning of a procedure that winds up in court. Should you WIN, the sheriff will put him out.

    So, don't STOP the process once you've began it. We HAVE a copy of your landlord/tenant laws at the top of the real estate page on a sticky note. I'd become VERY familiar with them. After all, they ARE the rules of the landlord business.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 5, 2011, 09:11 AM
    Quote Originally Posted by gloriaj View Post
    What should I do if the tenant refuses to leave even with the eviction notice being served?
    You do understand that there are two notices, right?

    First, you serve a "notice to quit" upon the tenant, giving the tenant 30 days (usually) to get out.

    If the tenant is still there upon the expiration of this notice, you file a case in court, seeking eviction. A copy of a court summons and the complaint (together called "process") are served upon the tenant. Giving him or her notice of an eviction hearing. At the hearing the judge will, hopefully, order that the tenant get out, and authorizing the police to remove them if they don't go voluntarily.

    What stage in this process are you? What state (if in the U.S.) are you in or, if not, what country? Do they have a lease? Is the lease expired or are they in breach of the lease?

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