Can I remove my ex from my tenancy?

You can apply to court to change your ex-partner’s tenancy to your name, or remove their name from a joint tenancy. You can apply for a ‘transfer of tenancy’ if: your landlord refuses to change your tenancy. your tenancy doesn’t allow a transfer.

Can someone refuse to move out?

Issue proceedings for possession Using County Court bailiffs (or sometimes High Court Sheriffs) acting under a court order for possession is the ONLY legal way you can physically evict tenants from a property if they refuse to go voluntarily.

What happens if my tenants don’t move out?

If a tenant fails to hand the property back on the last day of the tenancy, you will need to go to court and request an order for possession, which will always be granted under shorthold legislation. You cannot evict the tenant or change the locks yourself.

Can a landlord move in after a tenant moves out?

While the property is let to the tenant it is hers and you have no right to go in there or indeed do anything with it without her permission, until the tenancy ends (which won’t be until after she moves out). If you try to move someone else in, this would be harassment and trespass and you could be sued and ordered to pay compensation.

Why do I have to file for eviction if my tenant does not move out?

Perhaps they are continually paying rent late or they are keeping pets on the property when the lease specifically forbids them to do so. If you cite these as a reason that you will be filing for eviction if the tenant does not move out, your tenant may come back to you with an offered solution.

What happens when a tenant won’t leave the property?

Having a tenant who won’t leave or a tenant stay past the end of their lease or eviction is not the end of the world. It can be a pain, it can delay you moving forward, but if you follow some of the landlord advice on this page it can go a long way to helping you get the results you needed and regaining control of your property.

What happens if new owner won’t move in?

The new owner can be assured that, should they refuse to vacate, the Sheriff will be instructed to evict the unlawful occupiers from the property. Once the unlawful occupiers have vacated the property, the new owners may move in.

What happens if you let a tenant move in without a lease?

In most states, when you let someone move into the property without a lease in place, it is considered a tenancy at will. This type of tenancy can be terminated at any time by either the tenant or the landlord. Because there is no lease in place, it can be more difficult to get them out of the property if you have asked them to leave.

What to do when tenant won’t leave after eviction?

There are cases where you may have sent out a 30- or 60-day notice to remind a tenant that their lease will be ending soon, but the tenant refuses to leave after the lease expires. As in case #1, you’re going to need to proceed with a full eviction by filing with the local court if you want to have an official and legal removal of the tenant occur.

Can a landlord force a tenant to leave?

No matter how frustrated you feel, you should never try to make them leave yourself. Physically removing a tenant or blackmailing them to leave is illegal. It’s always recommended you use every legal mean to remove the tenant to preserve your reputation and business.

Why does a tenant refuse to leave a house?

In some cases, the tenant may refuse to leave because they don’t agree that they violated the terms of the lease. For example, the notice may have been served to them because they’ve consistently parked in a non-designated area.