There is nothing more exciting than owning your own rental property. Many people invest in buying and developing rental properties as a means of earning passive income. However, one of the biggest nightmares that commonly face those who rent out buildings and other forms of property is dealing with nonpaying and filthy tenants. Every year, hundreds of thousands of landlords across the United States sue to get bad tenants evicted from their property. However, it is important to make sure that you follow proper city, county, state and federal laws to ensure that you are evicting a tenant according to the letter of the law. Rules and regulations regarding eviction will vary greatly, however, here is a comprehensive overview of generally how the eviction process works and tips to consider if you are looking to evict a tenant.
Communicate with tenant
Before conceiving of the idea of evicting a tenant, you might want to consider first talking with them to settle the situation before it becomes a legal dispute. The eviction process is very lengthy and can be very costly if not done right. Sometimes, its worth it to accept payment arrangements for late rent versus going through the process of evicting someone.
Give notice
The most common reason why most tenants are evicted is nonpayment of rent. If your tenant has not paid their month’s rent, you should immediately move to give a five to ten day notice demanding that rent be paid immediately or an eviction motion will be filed with the local court. Make sure this letter is signed, notarized and delivered in person to the tenant or someone who is at least 18 years old in the household. Every state and city has different requirements for these notices. Check your local city and state laws to determine how to proceed.
File a motion with local court
If you decided to proceeed with eviction, immediately file a motion with your local court to get a tenant evicted. There is usually a fee associated with this. Once you file an eviction motion, it will typically take anywhere between one to three business weeks before you assigned a court date. From there, a certified process server or a sheriff will have to deliver court summons to your tenant in person. This process can take anywhere between an additional two to three business weeks. In the meantime, if your tenant pays rent and you accept it, keep in mind, this will automatically drop your eviction motion.
Go to court
On your court date, make sure you have documented evidence demonstrating reasons for eviction. Generally for nonpayment, you will need to bring a copy of the lease, along with other relevant notices given to the tenant. If you are evicting a tenant on other grounds such as damaged property, make sure you have police reports, insurance claims, pictures and other evidence demonstrating financial loss.
Judgment and actual eviction
If the judge decides in your favor, a judgment for eviction will be immediately posted and given to a sheriff to escort the tenant out of the property. Usually, the courts give tenants a week to vacate the property. Some cities and counties might be longer. Usually, most tenants move out before an actual sheriff comes to clear out the property.
Hire a lawyer
It is generally recommended that individuals consult with and hire a lawyer to ensure the eviction process is carried out smoothly without any hassles. Doing this on your own can be costly and timely.
