Every landlord gets to that time when evicting a tenant is necessary because no matter how lucky you are at some point you will have some bad tenants. Though tenant screening can help you get well-intentioned tenants, they too sometimes might struggle to pay rent. At such times regardless of the relationship you’ve built with the tenant, you have to take the difficult step of eviction because no matter how much you put up with them, they just won’t pay you. As a landlord, this is almost like your business, and you can’t afford to have people living in your apartment free of charge.
So, if eviction is harsh to the tenant, a landlord may reach a point where it is necessary. It is one way to keep your rental property productive. However, you don’t just decide to evict a tenant without following some steps. The process of tenant eviction includes:
Understand the eviction laws at your state
Eviction laws vary from state to state, and it’s essential you understand what they entail because they dictate your legal restrictions during the tenant-eviction process. The laws rule how landlords proceed when evicting the tenant without getting in trouble with the authorities themselves. Every landlord should be in touch with a lawyer to help in making the lease agreement more understandable. Also, during the eviction, it’s the lawyer who shepherds the landlord through all the legal proceedings.
Go through the lease
During the time of the eviction, it is the lease that will provide a solid reason and a legal one to evict the tenant. You should never make up stories just because you want to evict someone. Also, some tenants are easy to remove while others are stubborn. It’s up to you as the landlord to devise a plan on how to go about the entire process. Sometimes, it might be so serious that you end up in court and end up losing money to your tenant. Therefore you need a tactical approach, and you should have a professional approach when dealing with eviction, especially if it’s your first eviction.
Provide an eviction notice
Before you even think of filing an eviction, you need to issue a written notice to the tenant. In some states, you might need to give the tenant some time to rectify the problem that was triggering the need for eviction. If they comply, there will be no need of filing any eviction. Depending on the state, there should be a specific period from the time the notice is issued to when the eviction proceedings start. The note you give the tenant should highlight the reason for the eviction.
File the eviction
At this point, you are familiar with what the law requires of you and have gone through all the details of the eviction process. Also, you will have given the tenant a chance to rectify the issues that you seek to evict hi for. After all that, you are ready for the eviction process. Be certain you file the eviction with the clerk of courts because it will form the basis of a court hearing. It is best if you seek the help of a reputable attorney such as Express Evictions to help you through the procedures.
Proceed to court
Once you have all the eviction requirements ready, you can begin eviction proceedings in court if the tenant refused to move out when he received the notice to evict. In most states, it is illegal for the landlord to take matters in his own hands no matter how serious the tenant’s wrongdoing. Most tenants know their rights, and you can’t drag them out anytime you feel like. This is why the help of a court comes in handy. In court, your lawsuit will determine what’s next, and the judge will give you a date when the case will be heard. The process is delicate but helps solve unnecessary drama.
Once your lawsuit is heard and goes through, the judge allows the tenant a specific amount of time by which he must leave the property. Depending on your state, the period may vary from two days to five days or more. Once that time is over the tenant should vacate or be evicted by deputies.
One of the common mistakes that rental property owners make is trying to evict the tenant themselves. If you choose to take matters in your own hands, it may lead to some serious legal repercussions that you had not anticipated. Therefore, go through the tenant eviction-process and know what steps to follow before doing anything foolish.