What Is the Next Step After a 30-Day Notice to Move Expires?
A landlord can request that a tenant move from his rental property by giving the tenant a notice to vacate. These notices state why the landlord has requested the move and how long the tenant has to vacate the property. If the tenant does not move during that time, both the tenant and the landlord must follow the legal steps for an eviction process.
Notice to Move
A landlord can serve a tenant with a notice to vacate during the lease term if the tenant breaks the lease agreement -- for example, if the tenant does not pay rent. A landlord can also serve a notice to vacate to a tenant at the end of the lease agreement. This notice simply states that the landlord does not wish to renew the lease and the tenant must vacate by a certain date, such as 30 days from the time of receiving notice.
Filing for an Eviction
If a tenant does not vacate the property after the 30-day notice to move expires, she becomes a holdover tenant. A holdover tenant is anyone who continues living in a property after the lease expires. The landlord must file for an eviction to legally remove the tenant from the building. State laws differ on the eviction process. Generally, the landlord will file an eviction in court. The court clerk will schedule a hearing. Both the landlord and the tenant should attend the hearing.
Completing an Eviction
During the eviction hearing, the judge will decide in favor of the tenant or the landlord. If the judge decides in favor of the landlord, the tenant must vacate the property by a certain date. If the tenant does not vacate the property, a sheriff may remove him. If the judge decides in favor of the tenant, the tenant can stay at the property, and the landlord should arrange a new lease agreement with the tenant.
Tips
A holdover tenant has violated his lease agreement. If the tenant feels the landlord acted unjustly, he should prepare to explain this in court by gathering any written documentation he has on the case. If the landlord decides in the tenant's favor, he will also have to pay any back due rent to the landlord. The landlord should also prepare for the court case by gathering documents he has, such as the lease agreement or the notice to vacate.
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