How to Get Rid of Inherited Tenants in a Common Property Held With Nonspouse
It can be advantageous to inherit tenants in a property you've bought either by yourself or jointly with a nonspouse if you plan to continue renting the property and the tenants are conscientious. If you want to use the property for another purpose, however, or the tenants are less than conscientious, it may be more to your advantage to have them leave. Evicting tenants is not a complicated process, but it takes time, and you must follow the correct procedure. If the tenants have a lease, you can't evict them without a good reason until the lease expires.
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Instructions
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Look over the rental agreement the tenants made with the previous landlord. It may specify the terms under which the agreement can be terminated. If no terms are specified, then state laws regarding serving of notice to end the rental agreement will apply. In the absence of a lease, most states require the landlord to serve a 30- to 60-day notice of termination.
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Hand the notice of termination to the tenants or, if they are unavailable, post it on the door of the property. Specify the date by which you want them to leave. Don't mail the notice, because the tenants may be able to claim they didn't receive it if you have to go to court to evict them.
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Wait for the termination period to expire, and if the tenants move out willingly, be sure to refund them any security deposit they may be owed as determined by the rental agreement and the condition of the property.
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File an eviction complaint with the county court if the tenants fail to move. The court will schedule an eviction hearing and serve the tenants with an eviction notice and an order to appear at the hearing. If you properly served the tenants with a formal notice of termination, you should prevail at the hearing, and the tenants will be given a short time to move -- usually 15 days.
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Notify tenants with a lease that you will not be renewing it 30 to 60 days before the end of the agreement, depending on the notification laws in your state.
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Tips & Warnings
If you want tenants to move before a lease expires, you may be able to find grounds for terminating it because of a breach of the agreement on their part. Even so, you'll have to give them adequate notice and file an eviction complaint if they fail to move.
Locking the door or attempting to forcibly remove the tenants can open you to a potentially costly lawsuit.
