A Landlord's Guide to Eviction
Evicting a tenant can sometimes become necessary for a landlord or property manager, no matter how uncomfortable.
Evicting a tenant can sometimes become necessary for a landlord or property manager, no matter how uncomfortable. Even after careful screening and thorough background checks, a person may choose an unreliable tenant, or things may not work out. The complaints and disputes with the tenants may increase considerably, forcing them to take the legal route. The eviction laws may differ with each state, from the notice period before the eviction to its reasons and process.
Legal grounds for eviction
A landlord needs to have a legitimate reason to evict a tenant. While the reason for legal eviction of a tenant may vary with state, some common causes that may lead to eviction of a tenant include:
Failure to pay rent
Paying rent late consistently
Property damage
Rental agreement violation
Unauthorized subletting
Performing illegal activity on the property
Failing to vacate the property even after lease termination
Evicting a tenant is daunting and complex, and the timeframe may range from a few weeks to months, depending on the courts and how the tenant responds.
Eviction process
Talk it out with the tenant
The first eviction step is to have a word with the tenant to see if the issues can be sorted out mutually before taking legal action. If the tenant leaves the property, it will save everyone from legal trouble.
Give proper notice
After determining a valid eviction cause and talking with the tenant, notify the tenant about the eviction by sending them a notice. The notice may contain the days a tenant has to vacate the property. Please keep a copy of the eviction notice for the record, as it will help prove in court that an eviction notice was sent before filing the lawsuit for eviction. The notice period may range from 3 to 90 days, depending on the reason for eviction.
File in the court to start an eviction case
Should the tenant fail to respond to the notice and refuse to leave the property, file a complaint with a local court for an unlawful detainer to proceed further. It is a way to notify the court about one's willingness for the tenant to vacate the property.
Go to the court hearing
After filing a formal complaint, the court will set a date for the hearing, where the judge hears both sides. Go to the hearing with all the essential documents and evidence, like the reason for eviction, notices sent, lease copies, rent payment records, and communication records.
Regain the property
If the landlord has all the evidence, the judge will most likely rule in their favor, and the tenant must vacate the property within the given timeframe.
What not to do during the eviction process
While an eviction process may seem lengthy and frustrating, a landlord should stay patient and avoid doing the following:
Change the property's locks and lock the tenant out of the property
Throw their belongings outside
Turn off the utilities
Threaten the tenant
Not giving a proper notice
Doing any of the above can land the landlord in legal trouble. Take the help of local law enforcement to escort the tenant out instead of taking matters into one's own hands.
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