What you Need to Know About Evicting a Tenant
Tenants are the lifeblood of every landlord's business. Without them, you would have no income to rent out your properties and thus no profit to continue this business. So it is imperative that when a tenant decides not to follow the agreement they signed with you, you must take action quickly in order to ensure that they do not cause any more damage than what has already been done. This article will provide some helpful information on how best to evict a tenant from your property so that your tenants know their place.
In Which Situations Can I Evict A Tenant?
Landlords can evict a tenant for any reason, as long as it is not discriminatory. Some reasons that landlords commonly evict tenants for are failure to pay rent, creating a disturbance, or damaging the property. Landlords must give their tenants written notice before evicting them, and the notice must state the specific reason for the eviction.
Reason #1: The Tenant Violated A Term In The Lease agreement
When a tenant violates a term in their lease agreement, the landlord has grounds to evict them. This could be something as minor as not paying rent on time or damaging the property. It is important to have evidence to back up any claims made in the notice, as this will help ensure that the eviction goes through without any issues.
Reason #2: If The Tenant Does Not Pay Rent
Rent is due on the 1st of every month, but landlords can file eviction proceedings against tenants who do not pay it even if they are only one day late. Once rent becomes overdue for more than 30 days, landlords have grounds to evict tenants.
Reason #3: If The Tenant Has Not Paid Utilities
Tenants are required to pay for any utilities that are in their name, including water bills and electric bills. It is also up to the tenant to make sure these services are kept on while they are living on the property. If utility companies shut off these services because the tenant has not paid their bill, then landlords have grounds to evict them.
Reason #4: If The Property Is Damaged
When a tenant damages property, the landlord has grounds to evict them. This damage can include anything from breaking windows to causing a fire. If the tenant is found responsible for any damages that occur while they are living on the property, the landlord can evict them. It is important to have evidence of the damage so that the eviction goes through without any issues.
Tenant Move Out - What To Do and Not To Do
When it comes time for a tenant to vacate your property, there are several things you should do and not do to ensure that the eviction goes smoothly. First of all, make sure any items belonging to the tenants are tagged with their name and date. This will make the eviction process go much faster and smoother.
Also, make sure the property is cleaned and repaired for any damages that might incur during the eviction process so you can recoup some of your losses. You should also be careful not to lock up or shut off utilities until everything else has been removed from your property. If this occurs, you may lose possession of your property through a court order, so be careful.
Lastly, if your tenant leaves the property before the eviction process is completed and they owe you money for any damages or back rent, go to their new address with a sheriff who can evict them from this new residence. If you do not follow up on these debts immediately after the eviction, your former tenant could be completely out of your reach and you will never receive what is owed to you.
Evicting a Tenant: The Process
Eviction should always be done through the court system because this ensures that everyone will play by the rules. When it comes time for eviction proceedings, go before a judge and let them know the reasons why you are evicting the tenant. If you have followed all of your state's laws for eviction, this should be an easy process and you will receive a notice stating when it is time to attend court for this matter.
On the day of the hearing, make sure that both parties (the landlord and tenant) show up on time. Once there, let the judge know your reasons for the eviction and the tenant will be asked to give their side of the story. Once they have done so, the judge will decide what should happen next, most likely with an agreement being made between you and your former tenants about how much time is needed before they must leave. If no agreement can be reached, another hearing will be scheduled and the same thing will happen unless you want to give them more time to find a new residence.
If your tenant does not leave by the agreed-upon date, you must go back to court. At this point, it is likely that you will receive a three-day notice stating that if they do not vacate by the end of three days an eviction suit will be filed and a warrant of restitution will be issued to the local sheriff's department for forcible removal. If they do not leave, this is when you should call the sheriff and schedule a time for them to come out and remove your tenants from the property. This must be done by force if needed, even against the tenant's will.
This is just a general overview of the process, so it's important to be aware that some states may have different laws in place. It's always best to consult an attorney if you feel that you need more information about how eviction proceedings work in your specific state.