Because of the COVID-19 pandemic, around 40 million people in America were at risk of getting evicted from their homes. Yet, landlords cannot evict tenants without a valid reason.
As a landlord, knowing how to evict a tenant while following the laws is essential. Not sure what the process entails and if you have a good reason for eviction? Read on to learn what you need to know.
Know the Laws
Part of learning how to evict a tenant is knowing the laws surrounding eviction. The laws will vary depending on your state, so do your research.
The laws should be taken into consideration when you write lease agreements as well.
Some tenants prefer to have a lawyer write their lease agreements to ensure they are within the law. You can also perfect your tenant placement process to avoid bad tenants in the future.
Have an Eviction Reason
Without a reason for eviction, you cannot expect to learn how to evict a renter. The most common and valid reasons for eviction include the following:
- Not paying rent
- Violating lease agreement
- Property damage
- Illegal activity
- Lease expiration
If these reflect the situation you are dealing with, you can begin to file an eviction notice. Without documented proof that your tenant is violating the lease agreement, you won't be able to bring the case to court.
Provide a Formal Notice of Eviction
To evict someone from your property within the law, you'll need to provide them with a formal notice of eviction. This document should include the monetary amount owed and the date the tenant must move out or pay.
You'll have to provide the tenant with this notice within a certain amount of days depending on the local laws. A notice is sent through the mail and placed on the tenant's front door.
The next step on how to evict someone depends on if the tenant made changes by the date that was provided on the notice. If they have not paid or moved out, the landlord can proceed with the courts.
File Eviction With Courts
You can file an eviction at your local courthouse, pay a fee, then receive a scheduled hearing date. You'll have to show proof of an eviction notice before the courts notify the tenant through a summons.
The court hearing is where you'll be given a chance to prove your claim. You'll need to bring these documents to the hearing:
- Signed lease agreement
- Bounced checks/payments
- Payment records
- Email and phone records with the tenant
- Eviction notice copy
If the judge sides with you at the court hearing, they will tell the tenant how much time they have to move out. If the tenant is not out after the designated time frame, the local authorities will have to escort them out.
How to Evict a Tenant the Legal Way
After learning how to evict a tenant the legal way, you'll most likely want to collect the money you are owed. To do this, you must file a small claims lawsuit.
Evicting a tenant is never an easy process and things can get messy. When you follow this guide to the tee, you'll successfully evict your tenant under the right circumstances.
If you want to avoid tenant evictions in the future, schedule a consultation with us to see how we can help.