Steps for Tenant Eviction

Steps for Tenant Eviction

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. In as much as 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 necessary action 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 in as much as eviction is harsh especially to the tenant, it reaches 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 rules give you an idea of how to proceed when evicting the tenant without landing yourself in trouble with the authorities. 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 that sees 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 will be easy to remove while others will be quite 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 serious that you end up in court and end up losing tens of dollars to your tenant. Therefore you need tactical and have a professional approach when dealing with 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 for eviction. After all that then you are ready for the eviction process. Ensure you file the eviction undoubtedly 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. In most states, it is illegal for the landlord to take matters in his own hands despite the seriousness of the issue. 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 next and the judge will give you a date when the case will be heard. The process is delicate but helps solve unnecessary drama.

The eviction

Once your lawsuit is heard and goes through, the tenant is given a specific amount of time by which he/she should 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 the authorities forcefully.

One of the common mistakes that most 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 silly.

 

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