8 Process of Evicting Tenants

Do you have a commercial or residential property that is being rented? Are your tenants easy to handle? Are there any lease agreements that are being violated?

Business owners usually ensure people living in their properties or so-called tenants are given the highest quality and satisfying homes based on the contracts that were signed and agreed upon. However, once tenants overpower the landlords in different manners such as not paying the rent on time due to landlords continuous patience, demanding insignificant replacements, repairs and home furnishing, and even tenants breaking the law are just signs of showing disrespect not only to the owner but also to the lease agreement. When these tenants are consistently delaying the rent payment and causing plenty of troubles, it should not be tolerated. You need to take action and think if there is need of force eviction. However, evicting them without the due process followed is illegal. Eviction should obey the rules and regulations to win court judgment.

You may also read: How to deal with demanding tenants.

In this article, we listed the eight process of evicting a tenant.

1. Review the lease agreement

2. List the violations done by the tenant

3. Try to negotiate your tenant

4. Consider the law process

5. Send eviction notice

6. Complaint filed

7. Both parties go to court

8. Court’s decision

8 Process of Evicting a Tenant

1. Review the lease agreement.

This is very important. You need to review the terms and policies written on the signed agreement. Some landlords found this first step helpful because they never know if they just failed to check the timeline when will be the due date or deadline for the rent. Evicting them by a court is just time and energy-consuming. Better to ask and wait for them to leave your property at peace.

2. List the violations done by the tenant.

Document all the evidence you have against your tenant. Double-check if these proofs are valid. Here is a list of violations your renters have done.

· Damages to your property

· Delaying the pay of their rent

· Noise complaints and issues with their neighboring tenants

· Lawbreakers

3. Try to negotiate your tenant.

Not all problems are solved directly through one side’s opinion. Every instance of violation has its possible reasons. This is why you need to talk personally to the tenant you have trouble with. Try to invite them to get some coffee and negotiate your plan about their offenses. If they have agreed and took some good actions, you can start building fresh relationships to them.

4. Consider the law process.

Eviction has a legal basis and this is the Landlord and Tenant Act. It is a law being obeyed all over the US when you run a business as a landlord. You can ask for copies to your lawyers or attorneys. There is also a soft copy online that you can download and read. One expert advice from this law is not to evict your tenant by your own decisions and actions. Never lock the room nor changing the locks. Do not prevent your tenants in using the necessities such as electricity and water. Moreover, never harass or forcibly evict them from your property. Read and understand the Act carefully to apply them correctly.

5. Send Eviction notices.

Once you have read the act, you can now send an eviction notice stating all the gathered valid violations. You already showed empathy to your renters and negotiated with them but still, they are not cooperating. Most landlords give a 3-day warning notice and others give them more time to think about their plans. If the tenant refuses, it is time to file a complaint.

You may also read, how to get rid of squatters.

6. Complaint filed.

Warnings are given to the tenants to give them plenty of time to leave. However, if they still refuse, this is your next step. File a complaint to the supreme court and they will be reviewing it. Upon approval, the court will be sending your tenant a notice to appeal to the scheduled date for the hearing. The list you gathered as evidence will be your chance to evict them.

7. Both parties go to court

Each side will be heard. The judge will be comprehending what you both your tenant is reasoning. Both parties will try to negotiate with all their means. Some tenants don’t try to appeal, thus leading you a greater percentage of winning the judge’s court. The judge will then decide if the eviction will proceed.

8. Court’s Decision

In this case, the judge has two options:

· The tenant wins and he stays in your property. You as the landlord will need to pay the Tenant’s court costs like attorney fees.

· Landlord wins the case and the tenant will leave your property. The Warrant of Eviction will be handed over to the tenant. The tenant should voluntarily leave or else they will be scouted with a law enforcement officer to remove his belongings. The tenant will also comply to pay the landlord based on the lease agreement.

Bonus Tip:

For your convenience, there are some websites that buy property with tenants. In this way, you don’t need to worry about anything because they will be the one to take care of it.