Evicting Holdover Tenants
As per the law, A proper lease gives each tenant the right to remain on the property until the lease term expires unless they violate the lease.
All leases through Alcove terminate on the final date of the lease. As noted directly in the lease, there is NO Month-to-Month clause or option. All renewals and extensions require a new application and a signed lease through the Alcove platform. Any tenant that refuses to vacate the property at the end of the lease is at-risk of being charged with Trespassing and of a formal eviction case through the courts.
Alcove automatically schedules a Tenant Turnover Service within 5 days of each lease end date. This service includes an inspection to ensure the tenant has vacated the property. If the tenant is still present, Alcove will promptly notify them to vacate and inform the landlord, as well as provide next steps for the eviction process.
Eviction Process for Holdovers:
*This information is not legal advice. Landlords should complete their own research regarding local eviction and holdover laws, as well as directly consult a legal professional*
If it becomes necessary to remove a tenant from a property, the landlord must initiate a holdover proceeding, which is essentially an eviction case. This process is typically handled in a small claims courts. If a landlord wishes for a holdover tenant to vacate the property, they must not accept rent from the tenant and treat them as a trespasser.
At this point, the landlord will either have the option to:
1. Pass on the case to a landlord-tenant attorney to handle the eviction process. Alcove will typically offer recommendations.
2. Complete the eviction process themselves.
Completing the eviction process
First: Formally notify the Tenant to vacate the property with a Notice to Quit. This step is important as it signals to the tenant the seriousness of the situation. If the matter escalates to court, the tenant faces potential negative impacts on their record, credit score, and future rental opportunities.
It is also an important piece of the case, should you go before the court. To prove thorough communications to the judge, landlords should provide the tenant with both an electronic copy and a physical copy of the notice.
Second: File a complaint with the appropriate Eviction or Small Claims court. This would be the court that has jurisdiction over the rental property, not the landlords business address or personal address. While Small Claims and Eviction court complaints are relatively straightforward and do not require an attorney's involvement, Alcove does recommend consulting with a lawyer first. During this phase you will need to:
- File a complaint with the court (see local court websites for forms and documents as some counties still require in-person filings).
- Formally serve the tenant(s) the complaint through the local Sheriff's office, process server, or trackable mail service.
- Pay the filing fee and any fees for serving the tenant.
At this point, a date will be set on the courts calendar to hear the case, should it not be resolved before that date.
Eviction Court Hearing:
If you, the landlord, file the complaint in a small claims court or district court, the eviction hearing could happen in as few as 7 days once the tenant is served with the summons.
If the tenant does not show up to small claims court for the hearing of their eviction case, the court will likley issue a default judgment in your favor maybe covering paid rent and court costs. However, if the tenant does appear, the court will first listen to both parties prior to making a determination. If the tenant refuses to leave after a ruling in your favour, contact the sheriff's office to remove them.
Repossessing the Property:
Typically, both parties have 10 days after the magistrate’s decision to appeal the case to District Court. The landlord cannot remove the tenant from the home until the appeal period has ended, whether or not the tenant appeals the case. Once the 10 days have passed, the landlord can return to court and ask the clerk for an order called a “Writ of Possession,” which allows the sheriffs to padlock the home. The sheriff’s office must then remove the tenant within 5 days. Local sheriffs’ departments will often notify tenants in advance of the date they intend to padlock the home.
Disclaimer: This information is for educational purposes. For legal help, please consult a qualified attorney.