Can I ask my tenants to move out so I can move in?
Asked by: Miss Carlee Pfeffer | Last update: February 17, 2026Score: 4.1/5 (32 votes)
Yes, you can ask tenants to move out so you or a family member can move in (an "Owner Move-In" or OMI), but you must follow specific state and local laws, which usually involves providing written notice, offering sufficient time (often 60-90 days), potentially paying relocation assistance, and acting in good faith. This process is regulated, so you can't just evict them; you must follow legal procedures, which can differ greatly depending on your location, so seeking legal advice is crucial.
Can I evict a tenant so I can move in?
Under the updated rules, you can issue a notice to evict your tenant so you or a close family member can move into the property. However, certain conditions must be met: The tenancy must have lasted for at least 12 months before you issue notice.
What's the quickest way to get someone out of your house?
The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
What can't a landlord do in Hawaii?
In Hawaii, landlords cannot engage in illegal "self-help" evictions (like changing locks or shutting off utilities), discriminate based on income or protected classes, retaliate against tenants for exercising rights (like reporting habitability issues), harass tenants, or enter without proper notice (usually 2 days, except emergencies). They also cannot waive essential habitability responsibilities, enforce unreasonable late fees, or make unfair deductions from security deposits beyond normal wear and tear.
How do you write a letter to ask a tenant to move out?
An effective notice to vacate letter should include the following:
- Detailed information about the landlord/property manager.
- The tenant's full name and address.
- The date of issuance.
- A straightforward declaration of purpose.
- The rationale for the request.
- A precise move-out date.
- A reminder of any contractual duties.
How to Collect Unpaid Rent After a Tenant Moves Out
How to tell a tenant to move out nicely after?
Use Clear and Respectful Language
As you explain the reasons for asking the tenant to move out, make use of clear and respectful language. Avoid blaming or shaming the tenant; instead, focus on the specific issues or circumstances that have led to this decision.
How much notice do you need to give a tenant to evict them?
A section 21 notice has to give you at least 2 months. Some tenants have a right to a longer notice. For example, 3 months' notice if your rent is due every 3 months.
What is the rule 7 in Hawaii?
"Rule 7 Hawaii" most commonly refers to Rule 7 of the Rules of the Supreme Court of the State of Hawaiʻi, which governs the limited practice of law by supervised law-student interns, allowing them to provide legal services under attorney supervision to improve access to justice and develop skills, though the specific context could also point to Honolulu's Bill 7 (Housing/Zoning) or Federal Rule 7 on pleadings in Hawaii's district courts.
What is the move out law in Hawaii?
Month-to-Month. If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.
What are red flags in a lease agreement?
Knowing when to walk away from a deal is crucial
Here are some red flags to watch out for when signing a lease: Unclear terms: Ensure every term in the lease is clear. Vague language can lead to misunderstandings about responsibilities and rights. Maintenance responsibilities: Check who handles repairs.
How to get someone to move out if they refuse?
You can give your lodger notice to move out verbally unless your agreement says it has to be in writing. You don't need a court order to evict your lodger but you can get one if you choose to. For example, if they refuse to leave after the notice period has ended, you might choose to get a court order.
Can I call the cops to get someone out of my house?
Yes, you can call the police to have someone removed from your home, especially if they are a guest who refuses to leave after you've withdrawn permission, making them a trespasser, but it's complicated if they have any claim as a tenant, and police are often reluctant to get involved in civil matters like evictions, directing you to the courts instead. Call police immediately for violence or threats, but for general refusal to leave, you must differentiate between a guest (police can help) and a tenant (requires formal eviction process) to avoid legal trouble yourself.
What's the quickest you can evict someone?
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it's important that you take action, like pay the rent you owe, move out, or get legal help.
How difficult is it to evict tenants?
If you want to evict a tenant, you must issue them with a 'Notice to Leave' and at least one of the 18 grounds for eviction must apply. That means you can't ask a tenant to leave without a legally valid reason. - At least 84 days' notice if they've lived in the property for more than six months.
What happens if someone refuses to leave?
If they don't leave by that date, you can call the police and ask the officers to remove the person as a trespasser. You have the notice as proof that you asked them to leave. If the police remove the guest, they could end up with an arrest record.
What are valid reasons to end a tenancy?
Landlords must now provide a valid reason—such as rent arrears, property sale, or tenant misconduct—when seeking to end a tenancy. These reforms aim to improve clarity and fairness while protecting landlords' ability to manage their properties effectively.
What are the requirements to move out?
Start your moving journey by assessing your financial readiness—you'll need first and last month's rent, security deposit, moving costs, and essential furnishings totaling approximately $5,000-$10,000 for most situations.
How long does it take to evict a tenant in Hawaii?
The eviction process in Hawaii typically takes between several weeks and a few months. It can move faster or slower depending on how quickly a landlord acts and if the tenant challenges the eviction. Once a landlord serves the proper legal notice, there is a waiting period.
How to legally ask someone to move out?
How to Legally Get Someone to Move Out
- Serve them an eviction notice asking them to leave in 30 days or less. ...
- File for an official tenant eviction order with your local courts. ...
- Attend the court hearing to receive a judgment. ...
- Change the locks after the guest leaves or is escorted away.
What is the Aloha state law in Hawaii?
Hawaii codified the concept in Hawaii Revised Statutes §5-7.5, known as the Aloha Spirit Law. This law encourages government officials and citizens to embody aloha in their daily interactions. It states that aloha is: "The coordination of mind and heart within each person.
What is the rule 34 process?
The "Rule 34 process" refers to Federal Rule of Civil Procedure 34, a legal discovery tool allowing a party in a lawsuit to request documents, data, and physical items (like emails, records, photos, or land entry) from another party for inspection, copying, testing, or sampling, ensuring fairness and evidence gathering in litigation by setting specific procedures for requests and responses, typically within 30 days.
Why is moving out the biggest mistake in a divorce?
Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
What is the shortest notice a landlord can give?
The shortest notice a landlord can give is often 3 days, typically for serious lease violations like illegal activity, major property damage, or severe health/safety threats, but this varies by state and situation; for nonpayment of rent, it's usually a "pay or quit" notice (e.g., 3 days), while ending a month-to-month tenancy usually requires 30 or 60 days' notice, depending on how long you've lived there and local laws.
How many months notice should a landlord give a tenant?
3 months' notice for a quarterly tenant; 3 months' notice for a half-yearly tenant; and. 6 months' notice for a yearly tenant.
What happens if a tenant doesn't move out?
Your landlord gets a warrant of eviction
If you don't leave by the date on the possession order and your landlord still wants to evict you, they must apply for a warrant of eviction from the county court. This is authority granted by the court for the bailiffs to evict you.