How Do I Evict A Tenant

First and foremost, what is eviction? One Eviction is the removal of a tenant from rental property by the landlord.
Other common terms for eviction inlcude: unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession.

In many states, landlords must have a legitimate reason for the eviction. Please note that in order to get rid of a tenant, specific processes must be followed. It is important to remember that individual states, counties, and even cities may have specific procedures for evicting a tenant.

A landlord cannot simply change the locks, or use other means, to block the tenant from entering and residing in the property. If they do so, they will experience legal problems themselves. A verbal eviction, like calling a tenant and telling them to leave your property, for example, is not a legal avenue to evict someone.

Some of the most common reasons for eviction are:

• Failure to pay the rent: bounced checks would be included in this category.
• The tenant violated some (or all) of the rental contract, also known as the landlord-tenant agreement.  For example, having a pet when it is not allowed.
• The renter is causing damage to the rental or allowing someone else to do so.
• The conduct of the tenant is threatening others’ health or safety.
• The renters are a nuisance (barking dogs, loud parties) or someone with them is causing a nuisance.
• The tenants are committing illegal acts within the property. Or, they are allowing someone else to commit illegal acts in/on the rental.
• The renter does not allow the landlord access to the property to make the necessary repairs.

Eviction laws vary depending upon the property location. Different states will have special specific steps to take, but there are some general steps that are usually followed.

Actions to take:

Document, document, document.  As a landlord, you will need evidence in order to legally evict a tenant. It is important that you document any and all reasons that can help you defend your decision. This should include dates, copies of bounced checks, police reports, witness information, and any other evidence that supports your claim.

• Document all transgressions and acts by the tenant as well as your response to them.
• Retain an experienced real estate attorney or housing lawyer and do what they advise you to do.
• Provide written notice to the tenant to vacate the premises. State law will dictate how much time the landlord will have to provide to the tenant. If you’ve hired an attorney, they should prepare this for you.
• An attorney may file a legal notice of unlawful detainer.

Eviction

If the eviction is for failure to pay the rent, and at any point in the eviction process the tenant pays the rent, the eviction procedure is usually halted. In some states, and counties, the eviction summons (signed by the court) is served by the sheriff. Other areas require paid process servers to complete this task.

Most eviction processes involve local law enforcement and the courts. There can be many steps, which may be repeated depending upon the outcome of each step. If the tenant is elderly or disabled, the process may be more difficult, which is where a real estate attorney comes into play.

The final step in the tenant eviction is usually a court order for the tenant to vacate the premises on or before a certain date. In some areas, the date can be immediately if the past due rent is not paid.