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How to evict a tenant? Some best Step Processes for evicting a tenant 

The first thing you need to know about evicting a tenant is that each state has a legal process you must follow to achieve tenant eviction. You cannot take matters into your own hands and simply lock a tenant out, remove their belongings, turn off the heat or water, or use other self-help measures. To be able to evict your tenant for cause, you need a good reason, such as a failure to pay rent, serious damage by the tenant to the property, use of the property for illegal reasons by the tenant, or noise or health hazards caused by the tenant. Your landlord rights allow you to evict a tenant who does any of these things. You will need to be able to provide proof of whatever your reason is, so be sure to document everything.

 

The legal process begins with an eviction notice or notice to quit. Each state has its own form, so be certain to get the right one and understand the legal requirements for it. This eviction letter is a document that you serve your tenant with (or have him legally served with). The notice must tell the tenant why he is being evicted and give him a date by which to pay the past rent or cure the problem. This notice is sometimes called a 3-day eviction notice because it must be served a certain number of days before you file for the eviction in court. Many tenants will respond to eviction notices by paying the rent they owe and solving your problem. Once you accept any rent money from a tenant, the clock restarts and you have to re-serve the tenant and start the legal process anew to evict him. Note that it is possible to evict a tenant who has done nothing wrong, but your state likely gives such a tenant more legal protections. In such a case you would likely serve a 30-day eviction notice, which would give the tenant more time to find a place to live.

 

Nonpayment of Rent: One of the most common reasons for having to evict a tenant is nonpayment of rent. Unfortunately, even the best tenants can experience unexpected difficulties that impede their ability to honor their lease obligations. A reduction in working hours, a job loss or business closure, a major medical condition, or a change in family status are just a few of the situations that may prevent a tenant from paying rent, even if they want to. However, owning rental property is a business like any other. While some landlords may opt to put a tenant behind on the rent on a written payment plan, eventually you may have no other choice than to evict.

 

Violating Other Lease Provisions: Another common reason for evicting a tenant is for violating one or more lease provisions. For example, you may discover the tenant has a pet or roommate that isn’t allowed, or that you are repeatedly fined by the homeowners association (HOA) for infractions caused by the tenant. Violations like these are normally curable, meaning that the tenant promises to fix the problem right away. But going forward, you or your property manager will need to closely monitor the tenant to verify that they are not violating the lease once again. Sometimes tenants do as they promise, other times they don’t. Tenants who repeatedly violate the terms and conditions of the lease may be evicted, but do be sure to keep accurate records in case you end up in court.

 

Professional” Tenant: A “professional” tenant is someone who rents your property with the intention of not paying the rent each month. While the tenant may have paid upfront money, such as the first month’s rent and security deposit, they may never pay another dime. The professional tenant knows how the eviction process works and is an expert at exploiting loopholes in state landlord-tenant laws to live rent-free month after month until you are finally able to evict. One red flag you may be dealing with a professional tenant is when the applicant is in a hurry to move in. They know there is often a time lag between a recent eviction showing up on a rental history report and they are in a race against the clock to rent a new home before their old eviction becomes public record.

 

Illegal Activity: Selling drugs, using the home for prostitution or gambling, or even running a legitimate business out of the house are all examples of illegal activity by the tenant that can be grounds for eviction. By allowing illegal activity in your rental property to continue, you’re also breaking the implied warranty of habitability given to other tenants in the multifamily property and creating problems for the neighborhood at large. In many cases, a landlord can evict a tenant engaged in criminal activity on an expedited basis. You may wish to consult with a local attorney about the laws in your jurisdiction to learn your rights.

 

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