Home 🏠

Things to Consider Before Evicting a Tenant

Have you ever had to evict a tenant? This is no easy task, especially if they’re long-term tenants who’ve been on your property for years. You might find that the process of removing them from your home and premises can be complicated and stressful. Fortunately, there are some things you can do before handing over the eviction notice that will make it easier for everyone involved.

You’ll want to start by giving them as much warning as possible – ideally at least 60 days’ notice. This gives them time to find another place or take care of any personal items left behind in their unit so they don’t become someone else’s problem when they move out. Plus, it allows plenty of time for the landlord and tenant to come up with a plan to resolve any issues and leave on mutually beneficial terms.

If you truly believe the tenant is in violation of their lease agreement, then by all means, move forward with eviction proceedings. It can be helpful to get an experienced landlord-tenant attorney involved at this point. However, keep in mind that there are some things you can do yourself if you’re not willing or able to go this route:

armchair near table and ottoman

1) Do You Know the Laws and Procedures Specific to Your State and County

There may be rules about how much notice landlords need to give tenants prior to serving them with eviction papers. There may also be deadlines such as those involving foreclosure or bankruptcy filings which could affect when or how quickly you can evict the tenant from your property. It is important that you know the do’s and dont’s for evictions in order to protect yourself. You’ll also need to review your lease agreement and determine if there are any clauses or statements that could complicate the eviction process. If so, you may want to rewrite these items so they’re more in line with state laws. Remember, it’s better to be safe than sorry!

2) Have You Given Tenants an Opportunity to Rectify Their Violations

No one likes feeling like they’ve done something wrong. House rules are important because they help some landlords open up a dialogue with their tenants (and maybe even give them time to rectify the issues on their own before moving forward).

In most cases, it’s a good idea to give them an opportunity to come into compliance with their end of the lease as well as any other conditions you set forth. In other words, don’t just serve eviction papers because they missed a rent payment or two. You should concern yourself with whether or not the tenant has been actively engaging in activities that

3) Do You Have a Valid, Documented Reason?

A valid, documented reason is imperative for an eviction to go smoothly. This way, the court will be more likely to accept your case and issue a proper order of possession to the tenant. Once this happens, you’ll be free to evict them from your property – but it’s important not to do so until you have documentation proving their violation of the lease agreement.

4) What is The Eviction Process

After you’ve given the tenant a chance to rectify their violations and/or provide documentation of those violations, it’s time to move forward. The eviction process includes serving the tenant with proper notice as well as filing a summons and complaint in court. You can typically do this yourself or hire an attorney to handle everything from start to finish.

If the tenant contests your eviction, then you’ll need to go through a trial process in order to get them removed from your property. This can add time and money to the overall eviction proceedings (so do everything you can beforehand to make this process easier). You’ll also want to make sure you know what will happen if they file bankruptcy or what will happen if there’s a foreclosure in the works.

5) Do You Have Documentation?

To protect yourself as much as possible in the event that the tenant decides to contest things in court, make sure you document all correspondence with them (and anyone else involved). Save any texts or emails, any conversations involving the details of their violations and be sure to keep detailed records of phone calls between yourselves or with other people who could provide relevant insight into what’s happening between the tenant and the landlord.

If they are well documented it is much easier to bring them up in case they need to be brought up again. If you have concerns about your tenant’s activities, discuss them with them in person or via email.

If you believe your renter is negligently damaging your property or racking up unpaid rent, then gather proof to back it up, too. This will help increase the odds that a judge will side with you during an eviction hearing.

6) Get Legal Assistance if Necessary

Evicting a tenant can be stressful and time-consuming. While there are some steps that landlords can handle themselves, there are also some things most would rather not deal with at all. In some cases, you may want to consider hiring a lawyer. In either case, be sure that you understand all of your rights and responsibilities as well as theirs before proceeding with any kind of eviction.

If you’re going about the process yourself then make sure that you have gone through a checklist of what is required. This way you can make sure that you have the necessary paperwork and documentation in order. For example, check your county’s court website for information on your required forms. Consulting with an experienced landlord-tenant attorney immediately before, during, and possibly even after the eviction process can be helpful. This saves time and energy as opposed to trying to handle all aspects of the eviction yourself.

Tenants can do several things to violate their lease agreement and cause you as the landlord to have them evicted. One of the worst is being destructive, making it extremely difficult and costly for landlords to find new renters. With all the responsibilities involved in being a landlord, it’s important not to forget about your legal obligations as well as your rights. Evicting a tenant can be an arduous process. You have to make sure you follow all the legal requirements and do it in the right way, or else they could end up staying on your property for months longer than necessary. This is especially true if the tenant contests the eviction process and goes through a trial.

Krystal | Sunny Sweet Days
Follow Along

Similar Posts