Even with the perfect tenants, landlords always run into the likelihood of eviction. If you are considering an eviction, you need to be aware of what to expect through the process and how to go about it. Before you begin, make sure to read this guide. It is imperative to note that certain eviction regulations may vary depending on your local or state laws, so remember to check them as well to verify that you’re acting according to the law.
What to Do Before Filing Eviction
Take note that evicting a tenant is a complex business. It can be stressful, costly, and overwhelming – especially if you don’t know and you’re new to the process. Luckily, there are a few quick actions you can do to prevent an eviction.
Try to Avoid an Eviction
If you are trying to figure out the eviction process, most probably you are angry and stressed at the tenant. However, recognize that in most cases, evictions can be avoided with proper landlording procedures. For instance, by deliberately screening potential occupants, you can thwart the unmanageable ones. When it comes to late fees, tenants should be firm but fair to avoid permitting the occupant to get months behind in rent. Sometimes, regardless of how great the landlord is, there is a possibility that some tenants are just terrible.
Talk to Your Tenants
Many landlords may skip this procedure. However, when the rent payment is overdue, most of the time, the reason could be because the tenant forgot about it or another simple explanation.
While this should be one of the tenant’s responsibilities, be sure to remind them and include a late payment fee in the contract. Try not to let your tenants cultivate a habit of paying their rents late because once they’ve got used to it, it may be too late to change.
Establish an Eviction Fee Schedule
With regards to the lease, the eviction process will become smoother if you outline the exact fee schedule–and can even prevent some evictions before they start.
• Late rent fee: In this case, you could consider giving your tenant the chance to pay the rent until midnight on the due date without penalty and requiring them with certified funds. Have a record of the exact late fees in the lease and be mindful of your state’s related laws.
• Court filing fee: Find out how many days you will have to wait to start filing for eviction after the payment is due. Then, charge the tenant with a court filing fee. Often, a good starting rate is five percent, but be sure to confirm with your local courts to know the exact price.
• Court appearance fee: You could also add another five percent for this fee.
• Writ fees: These fees should be passed on to your tenant as well. This often costs around $25 for the court clerk and $30 for the sheriff to serve their writ.
How to Evict a Tenant
If the tenant cannot pay the rent or refused to do so, then you can begin the eviction process. Here’s the step-by-step procedure.
Post or Deliver the Eviction Notice
The first “legal” course of action in evicting an occupant comes in the form of serving or hand-delivering written notice of their eviction, making them aware of what you are doing and their grievance. The type of notice sent depends on the eviction reason and on your state. For easy and quick communication, FormsPal's eviction notice templates offer free guides and sample documents of the following types of quit notices that you can download and print in minutes.
• Pay rent or quit notices. This is typically used by landlords when the renter has not paid the rent. They are often given a timeframe to pay the rent or move out (‘quit’).
• Cure or quit notices. This is given after a tenant violates a rental agreement or terms and conditions of the lease (e.g. making excessive noise or a no-pets clause). Usually, the renter has a set timeframe to “cure” or correct the violation. If failed to do so, the tenant should either move or face the probability of an eviction lawsuit.
• Unconditional Quit Notices. This is the harshest of all. These order the occupant with no chance to correct a rental agreement or lease violation or even pay the rent. In some states, this type is only allowed when the renter has:
• Repeatedly violated a rental agreement clause or a significant lease,
• Been late with the payment of rent more than once,
• Critically damaged the property, or
• Engaged in a serious illegal scheme (e.g. drug dealing on the property).
In most states, landlords do not have to give renters the chance to fix a lease violation or pay overdue rent. In these areas, a landlord may directly use the unconditional quit notice–though, they can offer second chances if they want to, but no law orders them to do so. If your occupants have received notice but did not fix the rental agreement or the lease violation or move within the deadline in the notice, you can file an eviction lawsuit.
File for Eviction
In case the issue has not been resolved within the period included in the quit notice, the landlord may file a specific complaint to his local court according to the kind of violation that occurred. This will engender the court to issue a hearing to the landlord and the renter. Throughout the time frame before the court date arrives, oftentimes, the occupant is permitted to continue living on the landlord’s premises without paying rent.
Attend the Court Hearing
Once the court date is issued, the landlord should ensure that proper documentation is prepared upon attending. This includes proof of a written notice to the tenant and proof of the reasoning for eviction. It is also wise to provide copies of the communication records, the lease, and rent payment records.
Regain Possession of the Property
Since you have followed the correct procedures, it is assumed the court rules are in your favor. In this case, the court would send out a judgment for you to regain possession of the property, which would commonly be given to a local sheriff. The sheriff would then send the notice to the tenant of how long they have to move the premises. If they don’t vacate the property by then, the sheriff may come to evict them. While some states permit the judge to order evictions right away, the given time period is usually one to four weeks. During this period, the landlord doesn’t have the right to withdraw the belongings of the renter. Only after the occupant has permanently left the area can the landlord legally change the locks, take away their abandoned items, and list their property to look for new, quality tenants.
When to Hire a Lawyer
In the first place, eviction is a legal procedure. Thus, the landlord should consider consulting with a lawyer. Hiring an attorney may cost more, but it surely set forth a degree of alleviation for landlords who consider evicting their tenants. Although expulsions usually take a short period of time than other legal issues, considering the fact that many have successfully evicted their tenants without a lawyer’s help, it’s advisable to hire one if:
• It’s the landlord’s first time doing an eviction process.
• The tenant is pushing back and hired a lawyer.
• The landlord is firing an employee who is a renter.
• The occupant has filed for bankruptcy.
• The landlord has to follow rent control requirements or the housing program.
Whether the landlord decides on hiring an attorney for the tenant’s eviction or not, it’s crucial for all landlords to be familiarized with their local landlord-tenant laws to ensure they’re well-informed throughout the process of eviction.
What Not To Do
First and foremost, avoid a self-help eviction. Besides being illegal, if the landlord attempted to kick out a tenant without following the proper legal procedure, this could be used in court and the tenant will possibly win. As a landlord, you should never:
• Lock the renter out of the premises.
• Withdraw the occupant’s belongings prior to his official eviction.
• Turn off the utilities.
• Harass or intimidate the tenants.
Remember, every action you take with respect to the tenant must be valid to the scrutiny of a judge.
Final Notes
Evicting a tenant may be the hardest part for a landlord. They are expensive, stressful, and time-consuming. However, evictions can potentially be prevented with the help of the proper information. That’s why it is extremely imperative for you to conduct a thorough occupant screening, which includes eviction history, credit and criminal checks, Income insights, and resident score reports.
