Emergency Removal: How to Get you Tenants to Move Temporarily

Sam is the owner of two apartment buildings. He does his best to keep up with the maintenance of the building however he can only keep up with what he knows about. Some of his long term tenants didn’t report the smell of mold and it spread to two other apartment buildings.  When he got the report from the next door neighbor He went to talk to the tenants living in the building about temporary removal. Two of his tenets agreed to move temporarily but the one with the most severe mold contamination refused. Sam tried his best to convince her to move but she outright refused. How could he get her to move?

8/1/20254 min read

black and blue backpack on brown wooden table
black and blue backpack on brown wooden table

If tenants are refusing to leave a property due to an emergency (like a fire, flood, structural damage, or other dangerous condition), you must handle the situation carefully. Balancing safety, legal rights, and compassion is quite difficult when you're in a sticky situation like Sam. Here's a step-by-step approach:

1. Identify the Nature of the Emergency

It is important to know the problem before you can address the problem. The first thing you should do is state the problem. Then ask yourself these questions.

  • Is it a life-threatening emergency? (eg, fire, gas leak, collapse risk)

  • Is it a health hazard? (eg, mold, contamination, broken plumbing)

  • Is it temporary or long-term?

If there's immediate danger , act quickly and prioritize safety. Get the tenets out as fast as you can to avoid further harm.If the emergency poses a direct threat to health or life (fire, structural collapse, etc.), call 911 or the appropriate local emergency services. After deciphering safety concerns, determine the severity of the damage and time needed to repair. Your tenets will want a specific date of return. Your tenets will be more willing to leave.

2. Issue a Written Notice

Even in emergencies, documentation is important. Provide a written notice explainin

  • The nature of the emergency.

  • Why is the property unsafe or uninhabitable?

  • Your request for temporary or permanent relocation. Any assistance you're offering (eg, hotel stay, moving help).

Example:

To: [Tenant Name(s)]

From: [Landlord Name or Agency Name]

Date: [Date]

Subject: Temporary Relocation Due to Black Mold Infestation

This notice informs you that you will be required to temporarily relocate from your home at [Property Address] due to the severe black mold located in your apartment.

The following details apply

  • Date of Relocation: [Date]

  • Duration of Relocation: [Duration, e.g., for a period of [Number] weeks/months]

  • Reason for Removal: [Detailed explanation of why the relocation is necessary, e.g., major repairs to the building, necessary fumigation]

  • Alternative Housing: [Specify if alternative housing will be provided, or if the tenant is responsible for finding it. If provided, include details about the accommodation.]

  • Support and Assistance: [Outline any assistance or support provided, e.g., reimbursement for moving expenses, assistance in finding temporary housing, etc.]

  • Return to Property: [State when the tenant is expected to return to the property.]

  • Contact Information: [Provide contact information for questions or concerns, e.g., Landlord's phone number, Agency's phone number]

Condition

  • [List any specific conditions or requirements for the temporary relocation, e.g., inspections of temporary housing, proof of rental payments if staying with family or friends]

  • [Specify any restrictions or expectations during the temporary relocation]

Signatures:

[Landlord Signature]

[Date]

[Printed Name of Landlord or Agency]

[Tenant Signature]

[Date]

[Printed Name of Tenant(s)

3. Offer Temporary Alternatives (if possible)

It may be a house to you but it’s your tenants home. You will need to be a little empathetic and listen carefully to your tenant. Try to offer some alternatives to help them accept this change. To help reduce resistance you can offer :

  • To arrange for a hotel stay.

  • Offer to pay for temporary housing.

  • Provide a timeline for repairs and safe return (if temporary).

  • Give updates

  • Being empathetic will help nudge your tenant in the right direction.

4. Explain the Legal Responsibility

Make clear, gentle and firm statements. Make sure your tone is condescending and cold. Speak in a calming voice. Make sure your body language is open and sympathetic phrases like:

  • I understand that….

  • You should leave for your safety.

  • There’s no point in putting yourself in danger.

  • As the landlord, I am legally responsible for their safety .

  • If you're worried about your things, we will help you with storage and support you in this hard time.

5. Show Empathy

Emergencies are stressful. Tenants may feel scared or distrustful. Listen, stay calm, and explain you're acting in everyone's best interest.

Sample Script

"I understand this is stressful, but the current condition of the unit puts everyone at risk. Legally and ethically, I have to make sure the property is safe before anyone can live here. I've arranged for [a hotel/moving help/etc.] and will keep you updated daily. My goal is to help you stay safe while we resolve this quickly."

6. Involve Local Authority (if needed)

If tenants still refuse to leave you will have to get law enforcement involved. Before getting to this point you should tell your tenant that you will get law enforcement involved if they don’t agree to leave. Make sure to state this with a calm and considerate tone. Say something like “ I have done everything I can to help you move easily, but my hands are tied. I will have to get law enforcement involved.” or “ You can’t live in these conditions, I will have to report this to law enforcements”

After leaving your tenant to think about your statement, start preparing paperwork.

  • Contact your local code enforcement , health department , or building inspector .

  • They can inspect the property and issue an official order to vacate if it's unsafe.

This removes you from being the "bad guy" and puts legal weight behind your request.

8. Avoid Forced Eviction

Never physically remove tenants yourself—this can be illegal. Use legal eviction procedures (only if necessary), but in emergencies, involving city officials is often faster and more effective.

A row of tall buildings with windows and balconies
A row of tall buildings with windows and balconies
A man sitting at a table in front of a statue
A man sitting at a table in front of a statue
text
text

7. Document Everything

Pictures speak louder in words. It is important to keep records of:

  • The condition of the property (photos/videos).

  • All notices and communication.

  • Any efforts to help or accommodate the tenants.

This protects you legally in case the situation escalates.

a woman rests her head on another person's shoulder
a woman rests her head on another person's shoulder
a wooden judge's hammer sitting on top of a table
a wooden judge's hammer sitting on top of a table
person writing on white paper
person writing on white paper
a close up of a piece of paper with a notice of eviction on it
a close up of a piece of paper with a notice of eviction on it