Evict a Tenant

No matter how well you screen your tenants, it's possible to end up with one you have no choice but to evict. If you've given the person time to pay or repair damage, and you've lost hope of getting what you're owed, it's time to take steps to make the person vacate the premises. The laws for evicting a tenant are different in every state, and it's very important that you follow the requirements perfectly to get the results you want. Read on to learn how to determine whether eviction is necessary, serve a notice, go to court and collect those payments you've been waiting for.

Steps

Deciding to Evict

1. Determine if you have just cause to evict. Evicting a tenant is something that should be done as a last resort, and you must have just cause to do it. Having a personality conflict or disliking your tenant for other reasons probably doesn't count as legal grounds to evict. However, if your tenant won't pay rent or is engaging in illegal activity on the premises, you might have grounds to evict. The laws differ from state to state so look into your state's laws to find out if you have just cause. The following causes are usually grounds for eviction:
   • The tenant hasn't paid rent.
   • The tenant has violated the terms of the lease (such as getting a dog even though the lease explicitly states that no pets are allowed).
   • The tenant has severely damaged the property.
   • The tenant is conducing illegal activity, such as selling drugs from the property.
   • You wish to evict the tenant for your own reasons, and your state's laws entitle you to do so. In some states a landlord can evict a tenant with 30 to 60 days notice for reasons unrelated to the tenant's behavior. For example, a landlord may need to evict tenants if he or she sells the building.
2. See if you can reason with the tenant first. You might be able to get the outcome what you want without resorting to eviction. In this best-case scenario, the tenant pays up or otherwise amends the situation without your having to issue a formal notice. You can call the tenant or meet in a public place to discuss the problem.
   • Calmly and clearly let the tenant know that if he or she doesn't correct the situation, you'll have to take formal steps to collect what you're owed.
   • Do not issue threats or try to intimidate the tenant. This could get you in legal trouble later.
3. Know your state's laws. In addition to learning about the US Landlord and Tenant Act, which specifies certain laws that universally apply to all landlords and tenants in the US, you should get familiar with the laws in your state. Do an online search for landlord tenant laws in your state and carefully read the laws and the instructions on how to evict a tenant.
   • Information about landlord tenant laws in your state should also be available from your local courthouse.
   • Getting familiar with your state's laws will help you navigate what can be a complicated process. It's very important to follow each step correctly so that the tenant doesn't end up getting the upper hand.
4. Consider hiring an attorney. Establish a relationship with an attorney who can advise you when dealing with tenants, especially if you own more than one rental unit. Some attorneys will advise landlords on a flat-fee basis rather than charging the full cost of representation each time you need their services. An attorney can help you make sure you follow the eviction process perfectly and get the outcome you want.

Giving Notice of Eviction

1. Fill out an eviction notice. Use the proper forms for your state and jurisdiction when handling a tenant eviction; never use generalized forms or forms that you created, since they might not have the exact information you need to legally evict a tenant in your state. In most cases, your state will provide a template for one of the following types of eviction notices:
   • Pay Rent or Quit Notice: This is used when rent has not been paid. The tenant is given a set number of days by which to pay rent or move out. Failure to do either results in eviction.
   • Cure or Quit Notice: This is used if the tenant violates the terms of the lease in a different way, like by inviting a person not on the lease to move in or having a pet without permission. The tenant must correct ("cure") the situation or be formally evicted.
   • Unconditional Quit Notice: This is used when the tenant faces eviction for extreme violations like destroying property or not paying rent for months, even if he or she pays the rent or attempts to correct the situation. Use this type of notice when you want the tenant out no matter what.
   • 30 to 60-day Notice to Vacate: This type of notice is used when you need to end a month-to-month lease, even if the the tenant did nothing wrong.
2. Tape it to the front door and send it in the mail. This is the most common procedure to follow, but it could be different in your state, so make sure to double check. In order to make sure there's no question whether the tenant received the notice, tape a copy to the front door of the house or apartment and send another certified copy through the mail.
   • It's very important to follow the correct procedure for notifying the tenant of the impending eviction. If you have to go to court later, you don't want the tenant to be able to tell the judge that he or she wasn't properly notified. This argument is commonly used against landlords in court. A case that should be in the bag because the tenant hasn't paid rent in 5 months could become very complicated if you don't follow the rules from the beginning.
3. Wait for the tenant to respond. In many cases, this official notice will light a fire under the tenant and compel them to pay or leave. Wait the entire allotted time before taking any further action. If the tenant does not leave, it's time to get serious and take it to court.
4. Do not attempt to forcibly evict the tenant on your own. Never threaten the tenant, put the person's possessions out on the street, or try to forcibly remove the tenant on your own. Any of these actions could bring you big legal troubles when its time to go to court. From this point on you need to be extremely careful to follow the process dictated by your state laws. No matter how upset you might be, it's better to play by the book.

Going to Court

1. File the eviction notice at the courthouse. Bring a copy of the notice and proof that you sent it by certified mail to show that the deadline for a response from the tenant has come and gone. You'll have to pay a fee to formally file the eviction. The clerk will give you a case number and arrange for you to have a court hearing on a certain date.
   • If you haven't already consulted with an attorney, now might be a good time to do so. Find someone who can help you prepare for your court hearing and finish the eviction process.
2. Prepare for the court hearing. Before the hearing, collect proof that you have just cause to evict the tenant. You'll need to be able to show without a doubt that the tenant didn't pay rent or violated the lease in some other way. Here are a few of the documents you should bring:
   • The lease agreement
   • Emails and voicemails exchanged with the tenant
   • Bounced checks
   • Photographs of damaged property or other indications that the lease was violated
   • A copy of the eviction notice and proof that it was received (such as a receipt from the post office)
   • Identify any witnesses who you want to appear in court and request that the court issue them a subpoena.
3. Attend the court hearing. Be professional and honest, and avoid getting too angry or emotional. If you have proof that you upheld your end of the lease but the tenant did not, then the ruling should go in your favor. Consult with your attorney regarding specific things you should say or do in court that might help you get an edge in your state.
   • Be prepared to show that you followed the proper protocol for issuing the eviction notice, since many tenants make the claim that they didn't know they had to move out or weren't given enough time to do so.
   • When the judge gives a ruling, the tenant will have a certain amount of time by which to move out. It's usually 2 to 3 days.
4. Involve the sheriff if the tenant still won't leave. If the tenant still refuses to leave, even after attending a court hearing and getting formally evicted, wait the allotted amount of time and go back to the courthouse to involve the sheriff. In most states you have the right to go to the property with the sheriff, who will forcibly remove the tenant if necessary.
   • Again, be sure to know your state's laws and follow them to a T to the very end. If you try to remove the tenant on your own, or if you get rid of his or her property not in accordance with the law, the tenants could end up having a case against you.

Collecting the Rent

1. Go to small claims court. If you're owed enough rent to make it worth it to sue the tenant for back pay, you might be able to take them to small claims court at the same time as you evict them. Check the laws in your state to see whether this is possible. If not, you'll have to file a separate lawsuit to sue for rent.
   • If the tenant is unemployed and seems unlikely to be able to pay anytime soon, decide whether it's worth it to sue. Filing a small claims lawsuit might be more trouble than it's worth, since you'll have to pay a fee and hire a lawyer. If you're only owed a few thousand dollars, it might be better just to make a fresh start with the new tenant who moves in.
   • If the tenant is employed, the judge may rule that his or her wages can be garnished in order to pay the debt.
2. Use a private debt collector. Some debt collection companies specialize in helping landlords collect rent from evicted tenants. The debt collectors will take charge of collecting rent as well as notifying the 3 major credit bureaus of the eviction.

Tips

• It is a good idea to keep dated, written records of all complaints you gave your tenants regarding the property, as well as any steps that you took to resolve the problem. In the event of a counter suit, these records will be helpful when you appear in court.

Warnings

• Trying to evict a tenant without following due process and the terms of the lease will not only result in you losing, but could also lead to a counter lawsuit by your tenant.
• If your tenant has recently reported a housing violation to the appropriate government agency, he may counter sue you and claim you are pursuing a retaliatory eviction, which is illegal.
• You need to have proof that all proper forms and notifications were served to the tenant prior to the eviction. This means either you should have the notices served to the tenant by a constable who will have her sign for them, or you should send them through certified mail.

Related Articles

• Counter Sue
• Rent after an Eviction

Sources and Citations

• http://www.expertlaw.com/library/real_estate/evicting_tenant.html
• http://www.landlord.com/evicting_your_tenant.htm

See also

• Check a Background for a Tenant
• Evict a Tenant in Texas
• Turn Your Home or Condo Into a Vacation Rental
• Evict a Residential Tenant in Ohio
• Be Aware of Hidden Costs for a First Time Renter
• Find a House to Rent That Allows Pets
• Be a Good Apartment Neighbor
• Prorate Rent
• Rent a Room in Your House
• Rent an Apartment

Read more ...

What links here

• Buy a Second Home
• Evict a Roommate
• File a Case in Small Claims Court