How to Handle a Tenant Overstaying Their Eviction Notice

One of the most challenging scenarios you may face as a landlord or property manager is a renter who overstays their eviction notice.

While this type of situation can be both frustrating and stressful, knowing how to approach it effectively and legally can help you regain control of your property while decreasing risks. This blog post discusses the steps property managers can take to handle a tenant who may be overstaying their welcome in a practical yet compliant manner.

Several Potential Reasons a Tenant Won’t Leave After Eviction

Let’s start by defining an actual eviction. The eviction process is a legal procedure that begins when a property manager serves a tenant with a notice to vacate. The reasons for eviction may vary, from late or non-payment of rent to lease violations or fraudulent activity. Once the notice is served, the renter is provided with a specified time frame—commonly anywhere from three to 30 days maximum, depending on the reason for eviction and local laws—to vacate the rental unit.

However, not all tenants comply with this notice. When a renter stays past the expected deadline, the situation can escalate quickly, often requiring a more systemized, legally prudent approach.

Below are several potential reasons a tenant may not leave after an eviction. Understanding why renters overstay can help offer insight into how to handle the situation and avoid similar experiences down the road.

Financial Hardship. One of the most common reasons your renters may overstay after an eviction notice is due to financial hardship. For instance, if a tenant has lost their job, experienced a dramatic drop in income, or come upon sudden expenses (i.e., medical bills), they may struggle to pay rent and have nowhere else to go.

Lack of Another Place to Live. As we all know, locating new housing can be challenging for renters, especially if they have a history of evictions, bad credit, or no references from former landlords. Unfortunately, these issues can make it close to impossible for a renter to secure a new rental property immediately. As a result, renters may outstay their welcome simply because they haven’t secured a new place to live.

Denial or Refusal to Accept the Eviction. Some renters may refuse to leave because they feel they are being unfairly treated or are in denial about the eviction. In other words, they may think they have a legal right to stay, that the eviction notice was wrong, or that they can debate the process.

Health or Physical Limitations. Elderly tenants or those with disabilities or health issues can find it difficult to move within an eviction timeframe. The physical demands of packing, moving, and finding a new home may be daunting or quite difficult without assistance from friends or family members.

Landlord Disputes. Sometimes, tenants refuse to leave because of continuing disputes with the property manager or landlord. These quarrels may involve disagreements over repair issues, the condition of the rental unit, or withheld security deposits. The renter may feel justified in staying in place until the issues are resolved.

Lack of Awareness of Consequences. Some renters may need to better understand the legal consequences of overstaying an eviction notice. In many cases, they assume the eviction process will take time to be enforced or that they can extend their stay without substantial repercussions.

Hoping to Delay the Process. Some people intentionally overstay their eviction notice to delay the process as long as they can. They may be cognizant of the slow-moving nature of the legal system and attempt to take full advantage of it, ultimately buying themselves more time to remain in place, rent-free.

Unfamiliarity with Legal Rights. Some renters may think they can lengthen their stay indefinitely because they are not fully familiar with the legal procedures involved or their rights in the eviction process.  In other words, they may need to fully comprehend the legal procedures involved or their rights in the eviction process.

How to Stay Legally Compliant When Handling These Situations

It’s essential to handle a situation when a tenant overstays their eviction notice in a legally compliant way to avoid penalties, lawsuits, and further issues.

Here are some tips and best practices to help you navigate the process while staying within the bounds of the law:

Ensure You Give Proper Notice

Before initiating further action, confirm that the eviction notice you provided was legally valid. This includes verifying that the notice provided the renter with the appropriate time to leave as required by your state or local laws. Note, that the time frame could range from a few days to 30 days or more based on the reason for eviction. Also, you must serve the eviction notice correctly. Some states require in-person delivery, while others allow mailing or posting the notice in a visible location. If you don’t follow these guidelines, the notice could be invalidated and the eviction process delayed.

Don’t Use ‘Self-Help’ Eviction Methods

One of the most critical legal requirements when facing an overstaying tenant is avoiding any type of “self-help” eviction. These methods are actions a landlord or property manager takes that attempt to force the renter out without utilizing the proper legal process. Not only are these actions illegal in nearly every state, but they can also expose you to legal liability. Examples include changing the locks, shutting off utilities, and removing the renter’s belongings.

File for a Formal Eviction

Let’s say your renter refuses to move out after the eviction notice period – the next step is to file a formal eviction lawsuit, often referred to as an unlawful detainer action. This is a legal process where you can request a court order to remove the tenant from your rental unit. Hiring a legal expert experienced in landlord-tenant law can help ensure that you file the correct paperwork and follow the court’s procedures. Ultimately, if the judge rules in your favor, they will issue an order for the renter to vacate your property. In many jurisdictions across the country, they will be given a final period (such as a couple of days) to leave voluntarily before law enforcement acts.

Involve Law Enforcement

If your tenant refuses to leave after the court has issued an eviction order, you can work with local law enforcement to enforce the eviction. Sheriffs or marshals can physically remove the renter and their belongings from the property if necessary.

Handle the Tenant’s Belongings the Right Way

If your tenant has been evicted, you may be left with their belongings still in the rental property. Different states have different rules about how to handle a renter’s abandoned property. Some states require you to store their belongings for a certain amount of time, while others permit you to discard them immediately.

Deal With Security Deposits Legally

After an eviction, you may need to use the renter’s security deposit to cover unpaid rent or damages to your property. It is crucial to follow the legal procedures for withholding and returning security deposits, including itemizing deductions and returning the remaining deposit. Keep in mind that failure to follow these steps can result in penalties. In some situations, this could include paying the tenant back double or triple the deposit amount, depending on your state.

Observe Anti-Retaliation Laws

It’s important to stay informed regarding anti-retaliation laws. These laws protect tenants from eviction if the action is taken in response to them exercising their legal rights – like reporting unsafe living conditions or requesting repairs. Landlords cannot legally evict renters in retaliation for these actions. Make sure that any eviction is based on legitimate grounds, like non-payment of rent, lease violations, or other legal reasons.

The Bottom Line

The reasons can vary when one of your renters overstays their eviction notice. Staying informed about these potential causes can help you handle the situation with strategic planning and empathy. The secret is to remain respectful, maintain clear communication, know your legal rights, and act quickly to resolve any issues while remaining professional.

Want to avoid these situations in the first place? Read our post on how to avoid evictions as a property manager.