Everyone has heard the term “eviction” before, whether that be at the movies ,in the news, or through personal experience. Evictions are a difficult event for all parties involved, but as a landlord or tenant, it’s an incredibly important term to be aware of and understand. 

What is an Eviction?

Eviction is a legal process that allows a landlord to forcefully remove a tenant for a multitude of reasons, including failure to pay rent, excessive damage to the property, and more. While this process seems somewhat complicated, the steps are actually relatively simple as long as certain strict rules are followed. 

Evicting a tenant is never easy, but it is sometimes a necessary final option to resort to in order to protect your property and investment. Situations inevitably arise when managing a property that will merit the need for legal action and most landlords will have to experience the eviction process at one point or another. Therefore, let’s walk through the steps of the eviction process and discuss what it will entail to remove an undesirable tenant from your rental property. 

The Eviction Process

Step 1: Know the in’s and out’s of your state’s eviction laws 

In every state, there are some differences in the laws pertaining to evictions. The details of these laws are requisite knowledge for any landlord prior to beginning the eviction process. Depending on the situation, if you begin the eviction process without reviewing state eviction laws, there’s a huge risk of wasted time, money, and an unsuccessful eviction. Make sure to have a firm understanding of local laws and your rights as outlined in your lease agreement before setting the process into motion.

In many instances, including aspects from the laws into your lease agreements makes the eviction process much smoother. There won’t be a need to review the details of the laws again in preparation for an eviction, and it’ll be easier to provide evidence during a potential court hearing. If you are uncomfortable writing these lease agreements yourself, you should consider hiring a lawyer who is familiar with this area of the law to assist you in the process. 

Step 2: Determine the reason for the eviction 

It’s important to determine a valid reason for why you want to evict a tenant before beginning the process. Grounds for eviction might include: 

• Failure to pay rent 
• Excessive property damage 
• Illegal activity 
• Lease agreement violations 
• General disruption 
• Lease expiration

Whatever the reason, any supporting evidence should be well documented for the sake of later court proceedings. Such evidence might include photos of damages, printouts of text/email conversations, bank statements, etc.

Step 3: Speak with the tenant 

Eviction court proceedings take up both the landlord’s and tenant’s time and resources. If there’s any chance to avoid taking legal action, it’s to the benefit of both parties. As a landlord, it is always worth trying to reason with the tenant in the hopes that they understand and willingly remedy the issue at hand. 

However, there is never a situation where a landlord should decide for themselves that a tenant must leave the property immediately. Avoiding the court and taking matters into your own hands is always illegal and will never help your case as a landlord. In fact, any such intimidation or pressure placed on a tenant will only end up hurting your chances of a successful eviction.

Step 4: Issue a formal eviction notice 

If all attempts to negotiate with the tenant are unsuccessful, it’s time to begin the formal eviction process, beginning with an official eviction notice. This document is meant to notify the tenant that you intend to begin legal eviction proceedings and provides them with a set period of time to either vacate the property or resolve any outstanding issues. While this doesn’t immediately evict them, it does provide them the specific timeframe in which they must fix the violation or face eviction. 

This notice should include the following important information: 

• Date by which the tenant must pay rent, fix the violation, or move out
• Monetary amount owed by the tenant to the landlord (if applicable)
• The property’s address 
• Clear explanation of the grounds for eviction 
• Current status of the lease 

Ensure that your notice is delivered within a specific number of days prior to filing paperwork with your local housing court – depending on your state laws this number will differ. In addition, it’s important to receive proper documentation of sending this notice. Therefore, make sure you not only post this notice on the tenant’s front door but also send it through the Post Office and receive a receipt. 

Step 5: File for eviction and prepare for the court hearing 

If the tenant still hasn’t vacated the property or fixed their violation by the provided deadline, it’s time to take a trip to your local housing court to file for eviction. The clerk will ask for evidence that you provided the tenant enough time to vacate, which is where your mail receipt from earlier will prove itself useful.

The clerk will then provide the tenant with a summons and a court date. The entire hearing process will require lots of documentation and evidence. Make sure you’re prepared, don’t forget the following items: 

• Any printed evidence of the lease violations – bounced checks, tenant conversations, damages, etc. 
• A photo ID of yourself 
• The original signed lease agreement 
• A copy of the eviction notice with proof of delivery 

If you have an attorney, they will take care of the required paperwork and defend you if the case goes to trial. If you are representing yourself, be sure to fill out the paperwork carefully and be on time to your hearing. As long as your grounds for eviction are valid and you allow your evidence to speak for itself, the outcome is likely to land in your favor.

Step 6: Evict the tenant 

After you’ve won the case, the judge will give the tenant a set time period to vacate the property. If they don’t comply, you can call your local police department to serve a final notice to vacate. They must leave within 48-72 hours, or even physically remove them from the property. 

After they’re gone, you can file a small claims lawsuit to reclaim any unpaid rent. Before you throw the tenant’s belongings out, make sure you carefully inspect state laws again. Some laws allow you to leave their items on the curb while others require you to store their belongings. 

Final Thoughts

Evicting a tenant is a difficult, yet sometimes necessary part of being a landlord. A lease agreement is a legally binding contract in which both parties are obligated to uphold their end. When a tenant breaks their end of the lease agreement, it is best to try to work with them first. However, if they refuse or are unable to comply, eviction is the only option left for landlords to turn to. Knowing your rights and what actions to take to initiate the eviction process are essential to manage your property effectively. 

For more articles and how-to guides for renters and tenants, visit mylighthouse.co.