Q: My tenant signed an agreement to vacate the premises in 30 days. If she does not move as promised, do I have to evict?
I have had several problems with the tenant/room renter. Including her stealing from ,and verbal abuse towards landlord/home owner. Should I start an eviction now? Or is she obligated to leave as agreed upon?
A: You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be followed exactly or risk having your case thrown out, with you owing the tenant's court costs and attorney's fees, plus you have to start over from scratch. IF you want to enforce her termination notice, DO NOT accept any rent for past the termination date or you likely will waive your right to enforce the termination notice. All in all, you may want to review everything with a landlord-tenant attorney before proceeding if she does not leave as promised. Even if she does not leave, you still cannot just lock her out, cut off her utilities, etc. She has full tenant rights until she either voluntarily restores possession to you or until the Sheriff removes her and restores possession to you. Good luck.
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