But sometimes eviction is inevitable.
When a tenant stops paying rent or violates the lease agreement, it’s in your best interest to remove the tenant as quickly and efficiently as possible. This means knowing how the eviction process works so you aren’t slowed down by your obligations under the law.
Each state has its own laws and steps in the eviction process. Being familiar with these laws can help you speed up the process as well.
This article breaks down each step in the general eviction process, from the original eviction notice to completing the eviction.
#1 Identity a Justifiable Reason to Evict
Before you can evict a tenant, you must have a legal basis for the lawsuit.
In general, eviction is warranted whenever a tenant does not comply with the lease agreement. Examples include:
- Nonpayment of rent
- Damaging the property
- Creating a health or safety hazard
- Holding over (staying in the unit after the lease is up)
- Disturbing other tenants
- Having a pet when pets are prohibited
- Criminal activity
You’ll want to carefully review your state’s law code before moving forward with the eviction. Some states elaborate further on justifiable reasons for eviction.
#2 Speak to the Tenant Informally
Eviction lawsuits can cost between $4,000 and $7,000. This can be a serious strain on your rental business, especially if you didn’t set aside funds for evictions in your budget.
For this reason, if the lease violation is minor or unusual for the tenant (e.g., your loyal tenant of five years suddenly misses rent), it may be best to speak to them informally before taking futher action.
It’s recommended to meet with the tenant in a neural location and explain the situation. Give the tenant a chance to explain the problem from their point of view and decide whether it’s possible to work out the issue without resorting to eviction. If not, you’ll at least know you did everything you could to avoid the costs.
#3 Send a Formal Eviction Notice
If eviction is in order, your next step is to send a formal eviction notice. There are three main types of eviction notices:
- Rent Demand Notice – Also known as a notice for nonpayment or pay-or-quit notice, this letter applies specifically when the reason for the eviction is that the tenant did not pay rent. This pay rent or quit notice gives the tenant a certain length of time (typically three to ten days) to either pay their rent or move out (“quit”). Remember, you must wait to send this notice until after any grace periods, as required by either your state’s laws or your lease agreement.
- Notice for Lease Violation – Also known as a cure-or-quit notice, this notice is for other lease violations besides nonpayment. The tenant once again has a certain number of days to remedy or “cure” the breach before you can file for eviction. If your state designates only a “quit” notice for lease violations, you do not need to give the tenant an opportunity to fix their breach.
- Unconditional Notice to Quit: This is the most severe eviction notice, usually reserved for illegal activity, severe damages, or repeat violations. The tenant gets no opportunity to fix the breach.
Check your state’s laws for the specific procedures by which you must deliver the eviction notice.
#4 Sue for Eviction
After you’ve waited the designated notice time, you can sue for an eviction. This involves serving the tenant an official summons to appear in court.
The court chooses the date and time of the hearing. Now is also an ideal time to hire a lawyer, who can guide you through escalated conflicts and complex paperwork. The lawyer will ultimately save you time and money by ensuring you don’t make a mistake and have to start all over again.
#5 Bring Your Evidence to Court
On the day of the hearing, make sure you arrive early. Remember, if you fail to show, the judge may rule in the tenant’s favor by default.
You should bring a copy of each of the following documents:
- The signed lease agreement
- Rent payment records
- Emails or any other communication between you and the tenant
- Evidence that you supplied the correct eviction notice (such as the receipt you received if delivered by certified mail)
- Evidence of the lease violation (pictures of damage, written complaints from neighbors, etc.
#6 Evict the Tenant
If you followed the legal requirements and have strong evidence of the tenant’s violation, the judge will likely rule in your favor. They’ll also award you a Writ of Restitution, which is the legal document you need to remove the tenant.
A local law enforcement agency receives the Writ as well in case the tenant refuses to leave the property after the trial. In this case, a local officer will arrive at the property to escort the tenant off the property.
Conclusion
Evictions are an unfortunate necessity in the world of real estate investing. By doing your research and carefully following each step in the process, you can make evictions as painless as possible.