Eviction
The legal process of removing a tenant from a rental. Requires proper notice, a court filing, a hearing, and finally a sheriff's action. Landlords can't lock tenants out on their own.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
Selling a home with a tenant who will not leave means an eviction, and an eviction is a court process with notice periods a seller cannot skip. A buyer who wants the home empty will ask whether the tenant is out or on a lease.
Part 2 of 4
A simple example
Your tenant's lease ended and they have not moved. Notice, a filing, a hearing and a sheriff's action take two to three months in your county.
| What the seller does | What follows |
|---|---|
| Follows the notice and court process | Possession in a few months, depending on the court |
| Changes the locks | Illegal almost everywhere; damages and a delayed sale |
| Sells with the tenant in place | An investor buyer, at a price that reflects the tenant |
An eviction is a lawsuit with a calendar, and the calendar is the county's.
Part 3 of 4
What people get wrong
That a sale ends a tenancy. The buyer takes the home subject to the lease, and the tenant's rights come with it.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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