A landlord never wants to evict a tenant but sometimes you may have to.
Eviction takes time, costs money and can take a long time. It is advisable
to find another solution if you can.
Not everything undesirable that a
tenant does is grounds for eviction.
Here is a brief list of justifiable reasons:
- Non-payment of rent
- Non-compliance with terms of rental agreement
- Breaking the law on your property
- The terms of tenancy had ended and the tenant refuses to leave
- The tenant is making a major nuisance of themselves
If you must evict someone, get started sooner rather than later because
it doesn’t happen quickly.
If your tenants are doing something illegal on your property, you
should call the police. While the police may arrest your tenants, they may
not evict them; that is a separate legal process that you must pursue.
Just because your tenant goes to jail, this doesn’t end their rights as a
tenant.
You should try all other means available to resolve the issues before
you evict someone. Options may include use of mediation or arbitration. If
those methods fail, you have one last option. That is, you can make it
easy for the tenant to leave your property voluntarily. This is especially
helpful if you have evidence that they are conducting illegal activities
on your property. Send the tenant a letter stating that you have been made
aware of their activities and offer to end their lease if the tenant
agrees to vacate the premises soon. If they refuse to leave then you will
need to proceed with eviction.
The rules vary from place to place but the general steps are pretty
much the same. Make sure you find out what the specifics are in your area.
Here is the short version of the steps you will need to take. It is very
important for you to get a lawyer who specializes in evictions or who
knows the process very well because a savvy tenant will know the law too
and can prolong things if you make needless errors of process.
First, serve notice.
Be sure you have documented
your right to evict the tenant and documented the incidents that have
led to the eviction of this particular tenant. You should have the
tenant's initial rental application, their signed rental agreement, and
a record of the incidents that led to your decision to evict the tenant.
For example, if the tenant has
repeatedly violated the rules of the building or the lease, you should
have proof of each violation. If your tenant has not paid rent on time
or has stopped paying the rent, document this also.
Clearly
state why the tenant was being evicted in your notice. When you
serve an eviction notice, you will need to provide your tenant with
written notice of why they are being evicted. Make at least two copies
of this notice: one for the tenant and one for your records
You may need the Sheriff to deliver the notice so you can prove it was
delivered properly. After the tenant has been served you can then initiate
the eviction proceeding. This is court procedure that gives you the chance
to state what the problem is and how much money the tenant owes you. It
must be executed properly or it could delay your process significantly.
The court will request that the landlord and tenant appear in court on a
specific date. The court will set a date for hearing the tenant’s defense.
Inspecting the property.
Sometimes a tenant will damage a property to get back at a landlord.
Before your tenant leaves the property, schedule and perform a walkthrough
to observe the property. You will need to give your tenant at least 24
hours notice before proceeding with your walkthrough. Carefully document
with notes and pictures or video the condition of the dwelling. This will
assist you in withholding a security deposit for damages that occur when a
tenant is evicted
Next, you must appear in court on that date.
If you do not appear, the case may be dismissed. If the tenant does not
appear you may win by default but not necessarily. If everybody does
appear you must remain calm and professional. The judge will rule in favor
of the landlord or not in favor. If the judge does rule in favor of the
landlord then you will receive an order that gives you the right to evict
your tenant. If the tenant tries to appeal, you may have to wait for that
process to occur. You may then enforce the eviction of your tenant.
Sometimes this means you will have to hire the sheriff who is required by
law to provide a minimum amount of notice of eviction. Laws vary from
place to place as far as what a landlord is required to do with an evicted
tenant’s possessions. Make sure you know the law in your area.
