Do You Plan to Evict One of Your Tenants? Here's How to Have a Successful Process
- Author: Jessica Williams
- Posted: 2024-08-31
However, if that doesn't happen or their debt is too much, you can evict them from your property. Then, rent out your house to another tenant. However, this is one of the most challenging exercises because it might land you into trouble with the authorities. However, with the following information, your eviction process might be easy and less complicated.
Find out What the Law Stipulates about Evictions in Your State
Every state has specific eviction laws that every tenant must comply with when ejecting a tenant from their property. Therefore, before starting the process, find out what the law stipulates about evictions in your state. That will help you to know what rights tenants enjoy to ensure that you don't violate them in the process. If you do, your team might sue you, leading to lengthy court battles.
For example, many states have enacted laws protecting tenants during the covid-19 period, and a tenant might use that clause to resist the move. Thus, before you take any action against a tenant who refuses to pay rent or causes significant damage to your property, ensure that the action you take will not land you into trouble with the authorities.
Ensure That the Reason for Eviction is Valid
Your reason for removal must be valid if you don't want your tenant to charge for wrongful eviction. You can determine this by referring to the contents in the lease agreement to find out what regulation they have violated. Valid reasons for evicting a tenant include heavy debts, not paying rent on time for several months, property damage, and using their houses for illegal activities. Undertaking unauthorized renovations or refusing to vacate the premises after the expiry of a lease also gives you the right to evict a tenant.
When you identify the mistake your tenant has made, document the information and use it as evidence when they take you to court for wrongful removal. That includes taking photos of the damaged property, bank statements, or text messages of your conversation with your tenant.
Issue Your Tenant with an Eviction Notice
If you can't iron out your differences with your tenant, issue them with an eviction notice. That will give them time to resolve the issue or look for another house before the eviction date indicated in your notice. There are different types of eviction notices, and your tenant will react depending on the one you issue them. For example, some give tenants time to pay their rent or stop a violation and continue living in your property. However, one of them is very strict, and it does not give room for negotiations. Therefore, it is advisable to compare different eviction notices to know the one that best suits your situation.
File for Eviction and Attend the Hearing
If your tenant does not honor your eviction notice by the date you indicated, file an eviction notice in your local housing court. It is a legal requirement, and you have to follow it before evicting a tenant. First, you have to prove that you had given your tenant enough time to rectify their behavior. After that, the clerk will tell you when your case will commence.
Before this time, it is advisable to seek the advice of a professional lawyer to enlighten you on what to expect in your case. They will also advise you on the documents you need when filing the lawsuit. You can even let your attorney take over your case to boost your chances of getting justice.
Undertake the Eviction Process
After winning the eviction case, the judge will order your tenant to vacate your property by a specific date. If they don't, you can involve the police to help you remove the tenant. The police will give them at least three days to leave. If the tenant leaves any belongings behind, refer to your state's laws to know whether to store them or pile them in one corner of your compound.
Summary
Some evictions can be messy, causing major disagreements or even court battles with your tenants. Therefore, follow the measures above to have a smooth process when evicting a tenant from your property.
