General Landlording & Rental Properties
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated almost 7 years ago on . Most recent reply
Eviction Process - Help Needed
Hello,
my tenant refuse to evict after pay and quite notice, i have filled an eviction suit and there is a court hearing scheduled, my tenant saying he will move out one day before the hearing so he won't have an eviction.
Questions:
1. do i have to do a move out with the tenant or i can wait for the court and ask the judge to evict him?
2. if i don't do the move out , will the judge perceive my un willingness to corporate?
3. is it worth out just to do the move out - get the house instead of getting it lengthy in court ?
Most Popular Reply
![Thomas S.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/495545/1621479261-avatar-paidinful.jpg?twic=v1/output=image/cover=128x128&v=2)
You must proceed with the eviction otherwise the tenant could still refuse to leave or return.
Without the eviction hearing you have not legally removed the tenant from the property.
Unless you can confirm he has moved out, returned the key and signed the paperwork officially agreeing to leave you still have the tennat.
Tell him he needes to move out immediatly or the eviction will proceed. The day before does not work for you.