Did you ever evict a tenant? Or you want to evict one?
One of the biggest struggles of seeding to the business of real estate is encountering uneasy tenants which makes you think to evict them. There are plenty of issues you could base if you need to evict a tenant quickly. First, tenants could not be paying his rent within the given period or consistently delaying the rent payment. Another is that tenants were giving too many headaches in terms of your maintenance due to damages he/she brought to your property. Also, we could not forget about the tenants that we always receive complaints because of the disturbance they are creating.
Before you could ever evict a tenant, there are key points to follow regardless of the situation. Legal procedures are needed to properly initiate the action.
7 Steps on How to Remove Tenants from your Rental Property
- Understanding the Law
- Get Evidence for Eviction
- Negotiate with your Tenant
- Send Notice for Termination
- File a Complaint in the Court
- Attend the Court Hearing
- Evicting a Tenant
1st Step: Understanding the Law
Landlord and Tenant Act
Understand the law and apply its significant procedures on how to evict a tenant quickly. Copies for these could get through your online state attorney’s website or through your lawyer. The Uniform Residential Landlord and Tenant Act (ULTRA) is the most commonly adopted procedure and set as the foundation for state-specific landlord-tenant laws.
Self-help Evictions Are Illegal
Above is very informative, making sense that doing just by your ego would not resolve the situation. In order for the court to consent with you and see you as a law-abiding citizen, these acts before the court orders should be forbidden:
- Locking out the tenant or changing it
- Harassing the tenant or forcibly evict them from your property
- Removing the tenant’s stuff
- Shutting
- Preventing them from using utilities (electric, gas, water)
2nd Step: Get Evidence for Eviction
When can a landlord evict a tenant?
Innocent until proven guilty is an embraced rule in all states/regions in the US. Therefore, you need to document all proofs you can claim against your tenant. Here are some of the pieces of evidence you might consider for eviction.
- Not paying the rent at the given time
- Major damages/ Consistent Minor damages to your property
- Law breaker/ violating the lease agreement
- Noise issues, health hazards to other tenants
3rd Step: Negotiate with your Tenant
Be understanding as if you are on their shoes. Try to negotiate and reason with them.
Using this “script” when talking to your tenant would help:
“I have become fully aware that you are having trouble paying your rent and I feel you. You need to leave my property if that’s the case because I’m needing someone who could pay. And because I highly respect you, I’m giving you the chance to leave before I file an eviction lawsuit. If you don’t partake in this agreement, there could be major consequences. Your credit score will be ruined in this state and you won’t be able to apply for any kind of loan. If you don’t want this to happen, paying the rent immediately or vacating the property will be your options.”
Through this, the tenant will have to decide for the better and you can be able to think of the necessary steps to take.
4th Step: Send Notice for Termination
Termination could be legal or illegal. This is why you have to read first the landlord and tenant act. Give written notice to your tenants before filing for termination. Most states follow a 3-day warning notice. Other areas give allotted time to correct the problem. If still the tenant refuses, the next step will engage.
5th Step: File a Complaint to the Court
After giving the warnings but still, the tenant hasn’t done their part, a court hearing will be your next action. File for complaint with supporting facts to the court and once approved, the court will notify your tenant about the complaint containing the hearing date. This will give you the chance to evict a tenant.
6th Step: Attend the Court Hearing
After following the legal process in evicting a tenant, you will be wondering how long does it take for tenant eviction. This will defer to the court judgement. Tenants do have powers to defend themselves from the allegations of your complains. They could even not attend the court hearing but will just consolidate your side as the landlord. In this hearing day, both parties will try to convince, agree, or deny the subject matter. The judge will then decide the case either to accept the eviction or letting the tenant stay in your property. Winning the case means terminating the tenant and the agreement.
7th Step: EVICTION
Landlords could now evict the tenant with the help of the officers providing them sufficient time to leave your property. Mostly this will take 3 to 5 days for the tenants to move out. If the tenant still refuses or fails to leave with the specific amount of time, officers should take in charge.
As landlords, know the best route in solving such risky problems. Consequences will be part of it. Always keep in mind that you are dominant. But never do it by yourself. Ask for guidance from the attorneys/lawyers so you won’t illegally evict them. So, what now?
SellMyTenants.com has a simple solution for you. Sell your property to us the cash buyers. We will purchase your rental as is AND with your current tenants still living inside the home. We don’t care what condition the property is in and how bad your tenants behave. Let us take this burden off of your hands in a short seven days. Contact us today!
You may also read this article: HELPFUL TIPS IN DEALING WITH DEMANDING TENANTS
