How to Evict a Tenant: 14 Steps (with Pictures)

2024 Author: Samantha Chapman | [email protected]. Last modified: 2023-12-17 09:13

No matter how carefully you select your renters, there is always a chance that you will find someone you can't help but evict. If you have given this person time to pay or repair the damage, and you have lost all hope of getting what is owed to you, it is time to take action to get the person to leave your property. Laws for evicting a renter vary by country, and it is absolutely important that you follow all procedures to get the result you want. Read on to learn how to know if an eviction is necessary, how to send a notice, how to go to court and get the payments you are waiting for.

Steps

Part 1 of 4: Deciding to Evict

Step 1. Assess if there are reasons for evicting

Evicting a tenant is something you do as a last resort, and you must still have valid reasons for doing so. Having personal disagreements with the tenant is not a legally valid reason to evict him. However, if you don't pay your rent or take illegal action on your premises, you will have reasons to act. Double-check the laws of your country to find legally valid reasons. Here are the main reasons why it is possible to evict:

• The tenant has not paid the rent.

  

• The tenant violated the terms of the lease (e.g. took a dog even though the lease explicitly prohibited pets in the house).

  

• The tenant has severely damaged the property.

  

• The tenant conducts illegal activities, such as selling drugs on the property.

  

• You want to evict the tenant for your own reasons and the law allows you to. In some states, a landlord can evict a tenant on 30 to 60 days' notice and without a particular reason related to the tenant's behavior. For example, a landlord may decide to evict if he sells the building.

  

Step 2. Check if you can find a solution with the tenant before taking action

Try to get the result you want without getting evicted. At best, the tenant pays or repairs the damage without the extreme decision of formal eviction. You can call the tenant or meet him in a public place to discuss the situation.

• Calmly and clearly make it clear to the tenant that if he does not correct the situation, you will need to take formal action to achieve your purpose.
• Do not threaten or intimidate the tenant. It could cause you later legal problems.

Step 3. Get to know the laws of your country

Find the laws online and read them carefully along with the eviction procedures.

• Information on laws regarding landlords and tenants may also be available from the local court.
• Getting familiar with the laws can help you navigate what can be a complex process. It is very important to follow each step correctly so that the tenant does not get the better of it in the end.

Step 4. Consider hiring a lawyer

Establish a relationship with a lawyer who will be able to advise you on what to do with the tenant, especially if you have multiple properties rented. Some attorneys will assist landlords in exchange for a flat fee, rather than asking for a fee each time they are called to parry. A lawyer can help you follow the right steps during the eviction process and help you achieve your desired goal.

Part 2 of 4: Giving the Eviction Notice

Step 1. Fill out an eviction form

Use your state's rules when formalizing an eviction; never use general or self-created forms, as they may not have the right information you will need to act legally. In most cases, your state will have a template for each of the following eviction methods:

• Pay the rent or break the contract.

  This formula is used when the rent is not paid. The tenant is given a certain number of days to pay or leave. The failure of both avenues leads to eviction.

  

• Repair or terminate the contract.

  It is used if the tenant violates the terms of the contract in several ways, such as by inviting people who are not allowed to enter by contract, or by taking an animal without permission. The tenant must correct (repair) the situation or he will be formally evicted.

  

• Terminate the contract without conditions.

  It is used when the tenant faces eviction for serious violations such as destroying the property or failing to pay rent for months, even if they try to correct the situation. Use this type of formula when you want the tenant to leave without any conditions.

  

• 36-60 days notice to vacate the property.

  This type of notice is used when you need to conclude a contract that goes from month to month, even if the tenant has not committed violations.

  

Step 2. Write the notice on the front door and send it by post

This is the most common procedure, but check which one is in your country. To make sure there are no questions about the tenant receiving the notice, print a copy on the front door of the apartment and send a certificate by post.

It is very important that you follow all the correct procedures to notify the tenant of the impending eviction. If you are going to go to court, don't let the tenant challenge the judge for not receiving notification. This is a widely used argument against landlords in the courts. A simple case of a tenant who hasn't paid for 5 months can get complicated if you don't follow the rules from the start

Step 3. Wait for the tenant to respond

In many cases, an eviction notice frightens the renter and prompts him to pay or leave. Wait the full amount of time before proceeding with another act. If the tenant doesn't leave, it's time to get serious and go to court.

Step 4. Do not try to forcibly evict the renter on your own

Never threaten him, don't take his belongings out onto the street, and don't try to chase him by force. Any of these actions can cause you serious legal trouble in court. From this moment on you will need to be very careful to follow the procedure imposed by local laws. No matter how angry you are, it's important to play by the rules.

Part 3 of 4: Go to court

Step 1. File the eviction notice in court

Bring a copy of the notice and proof that you sent it by certified mail to show that the waiting time for a tenant response has expired. You will have to pay a fee to formally register the eviction. The officer will give you a protocol number and set the hearing for a certain date.

If you haven't already consulted with a lawyer, now is the time to do so. Find someone who can help you prepare for the hearing and finish the eviction process

Step 2. Prepare for the hearing

Before it, gather the evidence that is causing the eviction. You will need to be able to prove without doubt that the tenant has not paid or has violated the contract in some way. Here are some documents you will need to bring with you:

• The lease
• E-mails and voice messages exchanged with the tenant
• Checks rejected
• Photographs of the damaged property or other evidence of breach of contract
• A copy of the eviction notice and proof that it was received (a postal receipt for example)
• Find any witnesses who want to appear in court and ask the court to sue them.

Step 3. Go to the hearing

Be professional and honest, avoid getting too angry. If you have evidence that you have fulfilled the contract while your tenant has not, then the decision will be in your favor. Consult with the lawyer about specific things to say or do on appeal that can help you win.

• Be prepared to demonstrate that you have followed the right protocol in communicating the eviction notice, as many tenants say they have not been given enough time to move.
• Once the judge makes a ruling, the tenant will still have a certain amount of time to relocate. Usually 2 to 3 days.

Step 4. Call the police if the tenant still doesn't want to leave

If the renter refuses to vacate the property even after a formal eviction order, wait the necessary time and return to court to involve the police. In many countries, you have the right to go directly to your home with law enforcement, who will forcibly force the tenant to vacate the property if necessary.

Again, make sure you always follow the laws of your country until the end of the process. If you try to remove the tenant on your own or if you take away his or her belongings, the tenant himself may sue you

Part 4 of 4: Collecting the Rent

Step 1. Go to the justice of the peace

If you have to collect so many rents that the tenant is worth suing for, you can sue him in the justice of the peace while you are being evicted. Check your local laws to see if this is possible. Otherwise you will have to take another cause for the return of the rent.

• If the tenant is unemployed or appears to be unable to pay the arrears, consider whether they should be sued. It may not be convenient, because you will have to pay taxes and lawyers. If you are in credit of a few hundred Euros, perhaps it is better to find a new tenant right away.
• If the tenant has a job, the judge may decide to foreclose part of his salary to pay off the debt.

Step 2. Use a private debt collector

Some private debt collector companies specialize in helping landlords recover rents from evicted tenants. The company will take over the recovery of the rents and notify the three major credit bureaus of the eviction.

Advice

It would be a good idea to keep copies of all complaints made to the tenant about the property and all steps taken to resolve the problem. In the event of a cross-lawsuit, this evidence will help you in court

Warnings

• Trying to evict a tenant without formal proceedings and without complying with the terms of the contract will not only result in you losing the lawsuit, but may lead to a cross-lawsuit by the tenant himself.
• If the tenant has experienced a trespassing by a government agency, they can sue you for engaging in retaliatory eviction, which is an illegal action.
• You will need to prove that all warnings and notices were properly communicated to the tenant prior to eviction. This means that you will have to deliver them to the tenant through an agent who will ask for his signature, or by certified mail.