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<\/figure>\n<\/div>\nYou must have a valid reason to evict your tenant to proceed. Review the tenant’s signed rental lease agreement and look for violations. Some common grounds for eviction include the following:<\/p>\n
- \n
- Failure to pay rent<\/li>\n
- Consistent late payment of rent<\/li>\n
- Staying after the lease has expired<\/li>\n
- Property damage<\/li>\n
- Disrupting other tenants<\/li>\n
- Using the property for illegal activity<\/li>\n
- Subletting without authorization<\/li>\n
- The unit is being taken off the market<\/li>\n
- Owner move-in<\/li>\n
- Refusal to pay the legal rent increase<\/li>\n<\/ul>\n<\/div>\n<\/div>\n
Document all violations thoroughly; this evidence is essential if the case goes to court. These records include images of the damages, printouts of email or text messages with the tenant, bank statements, or returned checks. Without evidence, proving your case is more complicated and could delay eviction.<\/p>\n
\n![](\"data:image\/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==\")
<\/span>\n<\/div>\n\nSome reasons you cannot use to ask a renter to vacate your property are as follows:<\/p>\n
- \n
- Discrimination eviction (racial, religious, familial, disability, or otherwise)<\/li>\n
- Retaliatory eviction in response to tenant complaints or lawsuits<\/li>\n
- Withholding payment of rent until a health or safety problem is resolved<\/li>\n
- Eviction of protected tenants or classes<\/li>\n<\/ul>\n<\/div>\n<\/div>\n
Step 3: Speak to & Reason With Tenants<\/h2>\n
\n<\/figure>\n<\/div>\nBefore sending an eviction notice, contact your tenants to discuss the current circumstances. Inform the tenant that the eviction process can be costly and may harm their credit if you sue for past rent or wage garnishment in small claims court. By doing this, they might be willing to vacate on their own accord without a contract, or they might be able to make up any past-due rent.<\/p>\n
However, if your tenants refuse to comply and you want the fastest way to evict someone without going through the long eviction process, consider offering them cash for keys<\/a>. It\u2019s an agreement entered into voluntarily by a landlord and tenant to exchange a set amount for the keys to a currently occupied property. If your tenants agree, create a lease termination agreement that they must sign and date. Also, ensure they fulfill their obligations under the contract and inspect the unit before handing over cash.<\/p>\n
Step 4: Consult an Attorney <\/h2>\n
The eviction of tenants involves legal risks, so proceed with caution. Tenants have rights and protections that, if violated by you or any representatives acting on your behalf, could result in a serious lawsuit. Knowing how to legally evict a tenant is especially important in complex cases\u2014such as when the tenant has a lawyer, files for bankruptcy, is a member of a state-sponsored housing program, or is your employee\u2014where you\u2019ll likely need an attorney\u2019s help.<\/p>\n
Having an experienced landlord eviction attorney on your side will ensure your action stays within legal boundaries. In addition, an attorney will assist and simplify the eviction process, prevent the recurrence of similar situations, and mediate talks with your tenants.<\/p>\n
Step 5: Give a Written Eviction Notice With Cause<\/h2>\n
\n<\/figure>\n<\/div>\nThe next step is to send an eviction notice\u2014a formal request for the tenant to vacate the rental property. Most eviction notices, like the \u201cpay or quit notice,\u201d allow the tenant to resolve the situation by paying overdue rent or stopping the lease violation. Otherwise, they will be subject to a formal eviction lawsuit.<\/p>\n
However, when the time on the eviction notice expires\u2014from three to 30 days, depending on the state and the type of eviction notice\u2014you can file a formal eviction with the housing court. After you win the eviction case, some states give the tenant up to 10 days to move. If the tenant refuses to leave, a sheriff may remove them and store their belongings at your expense.<\/p>\n
Here are three types of eviction notices you can use and download, depending on the applicable jurisdiction of your case. Before using the documents below, check your local and state regulations to ensure you comply with the law on how to evict a tenant quickly.<\/p>\n
Pay or Quit Notice<\/h3>\n
Landlords use this eviction notice when a tenant fails to pay the rent. It states that rent is past due and gives the tenant a set amount of time\u2014usually three to five days in most states\u2014to pay the past due rent in full, including any late fees. If your tenant pays the rent, you may be able to avoid the eviction process entirely. Tenants in some states only have this option once. However, if they pay their rent late again in the future, you can evict them for nonpayment, even if they pay the past due rent.<\/p>\n
Cure or Quit Notice<\/h3>\n
Landlords use a cure or quit notice when a tenant violates a lease or rental agreement term or condition, such as having a pet in a building with a no-pet policy or hosting frequent loud parties where tenants are not permitted to host parties on the premises. The tenant will be given a few days after receiving this eviction notice to correct or \u201ccure\u201d the violation. If tenants don\u2019t comply, they must vacate the property or face eviction proceedings.<\/p>\n
Unconditional Quit Notice<\/h3>\n
Landlords use the unconditional quit notice when a tenant has repeatedly violated the lease agreement\u2019s terms or failed to pay rent on time on multiple occasions. Landlords may also use this eviction notice as a last resort if a tenant commits a crime on the premises, creates a public nuisance, or causes severe damage to the property. In this case, the tenant is not required to pay rent or resolve any issues. The tenant must only leave the premises within the specified time frame\u2014usually, a 30-day eviction notice form, depending on your state.<\/p>\n
\n<\/figure>\n<\/div>\n\n Download Our Eviction Notices<\/a>\n <\/div>\nStep 6: Prepare Documents & Attend Court Hearing<\/h2>\n
\n<\/figure>\n<\/div>\nSince landlords are prohibited from taking matters into their own hands and cannot physically remove a non-paying tenant from the property, your only resort is to file an eviction with the local housing court. Your attorney will handle all necessary paperwork, oversee the process, and defend you in court if the eviction goes to trial. If you represent yourself, here are the items you\u2019ll need to bring to housing court:<\/p>\n
\n\n- \n
- The signed original lease agreement<\/li>\n
- Records of payments, like a rent roll and bank statements<\/li>\n
- Copies of your correspondence with the tenant<\/li>\n
- Evidence of the tenant\u2019s lease violation, such as photographs of excessive property damage or witness testimony that the tenant is causing problems with other occupants<\/li>\n
- A copy of the eviction notice and proof of delivery<\/li>\n
- Credible witnesses who can attest and testify to a tenant\u2019s lease or law violations. It could be another building tenant, superintendent, property manager, contractor, or repair person.<\/li>\n<\/ul>\n<\/div>\n<\/div>\n
Moreover, once you file the eviction, you will be assigned a court date on which your case will be heard. A court date is usually granted within 30 to 45 days of filing the eviction paperwork. It may take longer if there is a backlog or a holiday. Meanwhile, if you do not have an attorney, you should attend a few eviction proceedings in court to learn how the process works. Unless the judge hears the case early, you can expect to spend the entire day in court. You cannot choose where the court assigns your case on the docket, so plan accordingly.<\/p>\n
Step 7: Evict the Tenant<\/h2>\n
The court can rule in your favor or the tenant\u2019s, or you may go to mediation to reach an agreement. If the judge rules in favor of the tenant and they owe unpaid rent, the judge will issue an order giving the tenant time to pay the overdue rent or face a new eviction.<\/p>\n
If the judge rules in your favor, the tenant should vacate your rental unit within a week or two. If the tenant does not leave voluntarily within seven to ten days, you must serve a notice to vacate through the sheriff’s office. This notice usually gives the tenant 48 to 72 hours to leave, or law enforcement will forcibly remove them. The sheriff will not move the tenants’ belongings but will ensure they vacate the premises. You can change the door locks and reclaim your property once the tenant has left.<\/p>\n
Tips to Protect Yourself Against Bad Tenants<\/h2>\n
Because the eviction process can cost you a lot of time, money, and stress, take precautions to avoid tenant scams<\/a> and evade bad tenants. While you can’t always guarantee you’ll have good tenants, there are some things you can do to help prevent bad future tenants. Start with learning your state rental laws and performing background screening. Follow these tips to protect yourself from bad renters and tenant scams in the future:<\/p>\n
- \n
- Learn state guidelines: <\/strong>Each state has different laws regarding property rentals, so ensure you are familiar with yours. Understanding your state’s Fair Housing Act<\/a> and landlord-tenant laws will help you guard against tenant scams and treat your tenants correctly.<\/li>\n
- Keep records and documents: <\/strong>Make sure to keep and track tenant records and documents, including all communication and rent receipts<\/a>. These records should include the tenant’s name, contact information, property address, date of receipt, and payment period and amount. These records will help you keep detailed records, manage taxes and rent rolls, and assist when conflict occurs.<\/li>\n
- Record property condition:<\/strong> Inspect the property with your tenant at the beginning and end of their lease to record existing and new damages. In addition, landlords need to be aware of the difference between normal wear and tear and damage<\/a> to their property, and landlords must use an apartment turnover checklist. This step will make it easier to protect yourself if a problem arises, like hiding property damage when moving out. Use a condition statement at the beginning of the lease and get tenant signatures.<\/li>\n
- Screen potential tenants: <\/strong>Conduct the tenant screening process to ensure you put the best tenants in your units. Assess tenants’ credit and criminal history, eviction reports, and proof of income<\/a> and employment. Ask for references and ratings from current and past employers and landlords.<\/li>\n<\/ul>\n
Frequently Asked Questions (FAQs)<\/h2>\n
\nCan I remove a tenant by calling the police?
\n\t\t\t\t<\/h3>\n<\/div>\n\nNo, landlords cannot ask police officers to evict a renter on their behalf. Landlords still have to go through the eviction process to evict a tenant legally. After a court determines in favor of the landlord, the tenant is given time to leave the property. The landlord may request assistance from a law enforcement officer to evict the renter if the tenant refuses or fails to comply with the deadline.<\/p>\n<\/div>\n
\n\nHow long does it take to evict a tenant?
\n\t\t\t\t<\/h3>\n<\/div>\n\nDepending on the state and potential court delays, evicting a tenant usually takes 1 to 3 months. The process can take longer if the tenant refuses to leave or contests the eviction. Ensure you\u2019ve read and complied with your state\u2019s landlord-tenant laws to avoid complications.<\/p>\n<\/div>\n
\n\nHow much does it cost to evict a tenant?
\n\t\t\t\t<\/h3>\n<\/div>\n\nEvicting a tenant ranges between $50 to $500 or more, depending on your state laws. Typical eviction costs include court fees, attorney expenses, property damage fees, and lost rent.<\/p>\n<\/div>\n
\nBringing It All Together<\/h2>\n
Almost every landlord will deal with a problematic tenant or eviction at some point in their career. That is why you must legally know how to evict a tenant from your rental property. Ensure you follow the proper steps on how to evict a tenant and don\u2019t get into a legal bind.<\/p>\n
Got any questions about evicting a tenant or experiences you want to share with fellow landlords? Let us know in the comments!<\/p>\n
The post How to Evict a Tenant in 7 Steps (+ Free Eviction Notices)<\/a> appeared first on The Close<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"
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- Keep records and documents: <\/strong>Make sure to keep and track tenant records and documents, including all communication and rent receipts<\/a>. These records should include the tenant’s name, contact information, property address, date of receipt, and payment period and amount. These records will help you keep detailed records, manage taxes and rent rolls, and assist when conflict occurs.<\/li>\n
- Learn state guidelines: <\/strong>Each state has different laws regarding property rentals, so ensure you are familiar with yours. Understanding your state’s Fair Housing Act<\/a> and landlord-tenant laws will help you guard against tenant scams and treat your tenants correctly.<\/li>\n
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