5 Step Guide: Evicting a Tenant
First off, let me state the obvious: no one wants to evict a tenant. It’s rough for all parties involved — the tenant will likely have no place to go and, no matter how many times you try to remind yourself it’s their fault, you’ll still feel bad. On top of that, you’ll have to foot the bill for vacancy and turnover costs in addition to legal fees. What I’m basically saying is this: screen your tenants thoroughly and avoid evictions at all costs.
Yet, if the process were this simple, you probably wouldn’t be reading this article right now. Most landlords will have to deal with an eviction at some point in their lives, and we want to alleviate as much stress as possible from the process. Since eviction laws vary so drastically by state, make sure to do a little research of your own before diving in headfirst. That said, here’s what to do if you’re faced with evicting someone:
1. Make sure you have a case
Chances are, if you’re to the point of eviction, the tenant has screwed up pretty badly. If they’ve screwed up pretty badly, chances are they violated the terms of the lease, and you can hold that against them in a court of law. Most of the time, this means they’re way behind on rent, violated the lease (i.e. kept an animal despite a no pets clause), or damaged the property somehow. These are all legal grounds for eviction. It should go without saying, but petty or retaliatory evictions are not.
Just because you have a legal case against a tenant doesn’t necessarily mean an eviction is the right move. Kicking a tenant out and find a new one will cost you significantly. You want to make sure the tenant’s behavior is a trend before evicting them.
2. Talk to the tenant (and listen)
I just touched on it in the last section, but I can’t stress it enough: avoid an eviction if at all possible. Evictions aren’t cheap — on top of the hundreds or even thousands in legal fees, you’ll lose out on rent for every day the house is vacant, you’ll likely have to pay to screen incoming tenants, and you’ll certainly have to foot the bill for any renovations after the old tenants trash the place. Often times, tenants have reasons for their behavior. For instance, they may be between jobs at the moment, or recently had an unexpected expense like a hospital bill. Be understanding. I don’t say this because it’s the morally right thing to do (although it is), but because it’s financially sound. A loyal tenant who’s late on rent for a few months due to extenuating circumstances is still infinitely better for your checkbook than a vacant unit and legal fees. This doesn’t mean you should let bad behavior go unmentioned, but if you think they’ll get back on track, don’t kick them out needlessly.
Of course, be firm with your tenant and tell them that you can’t accept such behavior. You don’t want them to get in the habit of paying rent late every month. The key here is to walk the line between firm and fair. Sometimes, the tenant genuinely does not realize they’re breaking the agreement, or doesn’t understand why paying rent a couple days late is a big deal. In many jurisdictions, failing to tell a tenant that they’re breaking the rental agreement for an extended period of time can invalidate your grounds for eviction. Communication is key.
3. Serve them with the eviction notice
This may seem a little early, but most states require you to give a notice well before you actually begin undertaking the legal process. Again, every jurisdiction is different, and some areas even have different laws depending on the type of property, so check your local laws. Hopefully, this will relay to them the gravity of the situation. If not, at least it marks the first step of getting the tenant out of your house.
What should the notice contain? It varies according to where you live, but most forms should have the move-out date and amount owed. US Legal Forms put together a comprehensive list of eviction form templates by state. Keep in mind that, at least in most states, there are different types of eviction notices based on the severity as well — a “rent or quit” notice is perfectly suitable for first-time offenders, but an unconditional quit will seal a tenant’s fate if you’re already committed to evicting them.
4. Do the court stuff
By now, most tenants will have gotten the message and left. If, however, they choose to fight back, you’ll have to take the next step by going to the courts. This will not be a pleasant experience, as tenant laws in most states allow them to stay in the home until the process is over — often weeks or months. Remember, no matter what you do, not to take matters into your own hands by removing the tenant’s stuff, locking them out, turning off their utilities, or any other form of vigilante justice. Doing so is illegal and will only help their case against you.
Logistically, this step depends on where you live. Most of the time, this is as simple as going to your court and filing a case, usually with evidence proving that you’ve taken all the necessary steps up to this point. If they keep resisting, you’ll have to attend a hearing against them. If it does come to this, make sure to bring as much evidence as possible against them. This will undoubtedly be a huge hassle, but don’t take it lightly — flubbing it will mean the tenant staying for even longer.
If you win your case, which you should, you can finally give them a hard deadline by which to be out. If they don’t obey this time, the police can help you remove the tenant, although you may have to store their belongings a bit longer. Make sure you give tenants notice before throwing away or selling their abandoned property — this could get you in hot water if done incorrectly. For example, California has a bunch of formalities you have to go through before you even think about selling their stuff. When that’s all over, you’ll finally be done with the eviction. Don’t forget to collect past due rent!
5. Make sure it doesn’t happen again
Though problem tenants can slip through the cracks, proper screening almost always protects you from situations like these. Though I cover it in more detail here, the bottom line is this: avoid tenants with poor credit or an eviction history. If you’ve gone through an eviction, you know as well as anyone what a hassle it is, and will take every step necessary to ensure it doesn’t happen in the future. Seem like a hassle? Property management companies like Chalet will help you find a good tenant without all the hassle.
Ever been through an eviction? Maybe you’ve tried cash for keys Anything we left out? Be sure to let us know in the comments! Don’t forget to follow us on Facebook and Twitter as well!
