Tenant might not leave

[softy515]

What is the name of your state (only U.S. law)? MD

I gave more then required amount of notice to vacate to a tenant who is living in a property that I got from my father.

He is to be out March 31 and is already asking for a 'few more days'.

I want to prepare for the worse.... if he isn't out, what steps should I take?

(ps.... this landlord business was not something I wanted a part of but he was living there when my father passed.)

Thanks!

 

[sandyclaus]

What is the name of your state (only U.S. law)? MD

I gave more then required amount of notice to vacate to a tenant who is living in a property that I got from my father.

He is to be out March 31 and is already asking for a 'few more days'.

I want to prepare for the worse.... if he isn't out, what steps should I take?

(ps.... this landlord business was not something I wanted a part of but he was living there when my father passed.)

Thanks!

We already told you that this was a possibility. If they overstay, they would be considered a holdover tenant.

That doesn't mean you can go in there, drag them out, remove their personal property from the rental, and change the locks on April 1st.

What it means for you, is that if they do holdover, then you will need to obtain a court order to evict them before they can be forced to leave.

Be firm, but remind them that they need to be out by the 31st or they will face a court eviction. DO NOT GIVE IN. If a tenant is allowed to take such liberties, you give them an inch, and some will take a whole mile and keep on taking until you put your foot down.

 

[FarmerJ]

With the way things can go for tenants who move if your not being mis led its possible that a tenant may only need one more day or two as its common for one who is moving out to be moving into the late hours of the last day of a month because a unit is not avail to them any sooner, but thing is if they are there into a new month after one day you need to be prepared to take the steps to evict based on tenant overstaying, it is a total crap shoot each time someone moves from a rental, but not all overstay.

 

[softy515]

So basically it isn't wise to give him a day or two. I really don't need him out till April 4th but I see what you mean by give an inch.

A court order involves physically going to local court house and file? (I couldn't do it by mail?) Then what? Papers get sent, court dates get set???? What is the worse case scenerio here? If he really doesn't want to budge, going through the courts could take how long to get him evicted?

I like to prepare myself as there are open permits for work that needs to be completed (permits my dad got) and they expire soon.

Thanks so much.

 

[FarmerJ]

it is very likely inspections may extend the permits if the tenant refuses to leave and you end up having to take them to court , you can show the city your copies of the filing as your proof that your not making it up, more than likely they will work with you since they know that this can happen.

 

[softy515]

My Dad left a mess..... they might work with me in that regards but they have made it perfectly clear the work and inspections need to be completed.

I found the form online that I would need to file out. That's a start.

 

[sandyclaus]

My Dad left a mess..... they might work with me in that regards but they have made it perfectly clear the work and inspections need to be completed.

I found the form online that I would need to file out. That's a start.

You can usually find the forms to file for eviction online. Some courts allow for online filing options, but some do not, which means you may have to actually go to the courthouse to file.

See here for more info on the process for your jurisdiction:
http://www.courts.state.md.us/district/forms/civil/dccv082br.html