Q: What are my options if a tenant doesn't vacate.
Gave a 30 day notice to a roommate. (Not my house but act as the landlord's agent) Roommate paid first and last month's rent when he moved in and has acknowledged the eviction. I have another roommate lined up for the 1st of October. What are my options if the current roommate is not out of the house on new roommate's move in date?
A: You may be in a squeeze unless you have an "out" in your application or lease with the new tenant (some, but certainly not all, do). If the existing tenant does not leave, your only option is to file for eviction in court. Until he ultimately "voluntarily" leaves, or the Sheriff removes him pursuant to a court order, you have to continue according him all the rights and privileges of still being a tenant - 24 hr notice before entering, no changing the locks or shutting off utilities, etc. To the extent he fails to timely leave and you need to evict, it is strongly recommended that you have a landlord-tenant attorney's help. The process is highly technical and landlords must have exact compliance with both the laws and the procedure or risk having their lawsuit thrown out, the tenant staying, and your owing the tenant's court costs and attorney's fees (which could be several thousand dollars if it becomes a hard fought battle). All this time, you may be in breach of your lease with the new tenant and be liable to them for their damages. Then there is the possible issue of whether you are a licensed property manager and/or are legally required to be. All in all, you may want to at least consult a landlord-tenant attorney sooner rather than later. Good luck.
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