Legal Options for Landlords When Tenants Do Not Vacate After Being Given Notice

Eviction notices serve as formal warnings to tenants who are breaching their lease agreements or failing to pay rent. They do not expire; once issued, they serve as an ongoing reminder of the landlord's intention to remove the tenant if the breach is not resolved.

What Happens When a Tenant Does Not Comply?

When a tenant fails to vacate the property after the notice period, the landlord should engage the local law enforcement, such as the sheriff or a law enforcement officer (LEO), to physically remove the tenant. This process is known as an eviction. The landlord should also change the locks and arrange for the tenant's belongings to be stored as per local laws.

The landlord can reschedule this process if the tenant returns, as the notice does not automatically expire. Instead, the landlord can request the sheriff to arrest the tenant for trespassing, depending on local laws.

If the Eviction Notice Expires

In some jurisdictions, if the notice period expires and the tenant does not comply, the landlord must go to court to formally evict the tenant. The procedure typically involves:

The landlord files a lawsuit seeking an eviction. A judge will issue a writ of possession, granting the landlord the right to remove the tenant. The sheriff or a law enforcement officer will physically remove the tenant from the property. The tenant will typically have 24 hours to vacate the premises. A deputy can be dispatched to ensure compliance.

The notice period given to the tenant may include an opportunity to remedy the breach, for example, by paying rent arrears or complying with other lease terms. It is highly recommended that the tenant take this opportunity if possible, as eviction carries severe consequences.

Consequences of Eviction

Staying in the premises after an eviction can result in physical removal by law enforcement, placing the tenant's belongings on the street, and adding an eviction to the tenant's public record. These actions can impact the tenant's future in several ways:

Property Damage and Removal: The landlord may place the tenant's belongings on the street for pickup by the city or county. Public Record: An eviction will remain in the tenant's public record for years, which can make it difficult to find a new landlord willing to rent to the tenant. Credit Score: Eviction can negatively impact the tenant's credit score, making it harder to obtain loans or rent in the future. Job Opportunities: Many jobs require a clean criminal record, and eviction may disqualify the tenant from such positions. Financial Obligations: The tenant is still liable for any outstanding rent or other financial obligations to the landlord.

It is in the best interest of both the landlord and the tenant to resolve the matter cooperatively and to avoid physical removal. If the tenant cannot comply with the notice, the landlord should follow the legal process to ensure a fair resolution while minimizing the negative impacts on all parties involved.