Is there trouble brewing with one or more of your tenants?
Maybe rent is late again. Or your tenants have severely damaged the property.
Thinking about starting an eviction process, but unsure where to begin? Unfortunately, you are not alone, as eviction rates, especially in cities, continue to rise.
Read on to find out what to expect when thinking about eviction so you can be prepared.
Known the Laws for an Eviction Process
Before moving forward with an eviction, be sure you know what you can and cannot do. Evictions laws are different in each state, so check them out ahead of time!
It is helpful to consider your state’s laws when writing up leases so there are no questions down the road when eviction may come up.
Besides not paying rent, other common reasons you are able to evict include damaging your property or breaking specific rules. These can include rules about pets or guests.
Be familiar with the Landlord and Tenant Act. It will lay out steps in detail you need to take. Following this will guide you through the eviction process.
Take Control of the Situation
Once you have established you are legally able to evict, take control.
Don’t feed into your problem tenants. And even if your tenant has caused serious problems, avoid taking actions without a court order.
Removing tenant’s belongings, changing locks, and shutting off essential utilities are all illegal without a court order.
This is an important step. Some states require you give notice to the tenant before starting the eviction process. Some may even state you have to give the tenant time to fix the issue.
For example, California has some specific steps to follow.
Be sure when writing the notice to be clear and direct. Include when it was delivered, timeframe they can fix the issue (if applicable), and the date you will officially file the eviction.
Hand deliver the notice if possible. Otherwise, post it on the tenant’s front door so there is no question they will see it.
File Your Eviction
If you reach the point where you ready to file the actual eviction. If you were required to give notice, file it at your local courthouse the day after the time requirement is up.
If you don’t need to give notice, you can file immediately. After filing, a clerk will give you information on a court date.
Prepare for Court
Prepare before your hearing. Have all important documentation and pictures if appropriate.
Be sure to have your lease agreement, documents showing missed rent payment, and any copies of any communication between you and the tenant.
Now that you have successfully handled a major issue, consider using a service to help find great future tenants or to handle all your maintenance issues.
This can decrease your stress and responsibilities. This will leave you more free time to enjoy your life.
Do you still have questions about an eviction process? Contact us and let one of our experts help you.