A Landlord's Guide to Navigating the Eviction Process

A Landlord's Guide to Navigating the Eviction Process

Across the US, approximately 44.1 million households are renters. These are people who are expected to abide by lease agreements, pay their rent on time, and generally be good tenants. 

So, what can a landlord do when the tenant turns out to be a not-so-good tenant? Certainly, you hope they will get it together so you're not forced to take action. Sometimes though, eviction becomes necessary.

Are you wondering how to evict a tenant? Read on to learn more about the eviction process.  

 

Termination With Cause 

States have varying laws and terminology, but in most cases, you will need to issue a termination with cause to the tenant. This means you are terminating their lease and they must go and you have a reason for doing the termination. 

Typically, this means you are giving them notice they must be out of the apartment within a certain period of time, often 30 days. There are a few different types of termination with cause notices.

Pay rent or quit notices are used when a tenant is not paying the rent the way they should. The tenant would be served this notice and typically have a short window, often only a few days, to fix it or they would need to be out.

A cure or quit notice works similarly, except it's for something besides a rent issue. If the tenant is doing something they shouldn't, say making excessive noise, they have a short window to cure the problem, or they would need to move out. 

An unconditional quit notice lets the tenant know they must move out, for whatever infraction they have been doing, and unlike the previous two types, there is no opportunity to cure it. In this scenario, the tenant is being told you have this much time, often only a few days and then you must be out.

Know the Laws

As a landlord, it's very important that you know the laws of your state. This is important before you ever actually rent a place out. It helps you to write a lease that helps to prevent future problems. 

If you plan to evict a tenant, you need to make sure you are following the laws. Otherwise, the tenant could sue or even refuse to leave. 

Ground for Termination

If you have a lease with a tenant, you really can't just choose to evict them for no reason. This is why it's so important to have a well-crafted lease agreement.

Then you can use one termination with cause notices, depending on the grounds, to give notice. Issuing the termination with cause, doesn't mean the tenant is evicted. It simply informs the tenant that's your intent. 

If after a period of time they got to fix things, it isn't done, then you can go to court. 

File With Court for Eviction

Every state requires you to file with the court if you intend to evict a tenant. You will need records to show the reason for eviction. You'll also need to show you gave notice and the tenant has been served and had time to cure. 

If you can show the court you have the evidence to evict and have followed the procedures, they will give the tenant a short amount of time to vacate the property. If the tenant doesn't go willingly, law enforcement can then remove them from the property.

Eviction, What You Can Do as a Landlord

As a landlord, you hope you don't get to eviction. You really want to have tenants who do what they're supposed to do and pay their rent on time. But you will have tenants who don't do that on occasion.  It's important to know how to remove a tenant if needed. 

Do you have a rental property that you need help with? We can help you to manage the property, so you don't have to deal with the hassles. Contact us today to get more information on our property management services. 

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