How to Evict that Tenant

time is UP!
Creative Commons License photo credit: illryion

You’ve given them more chances than they deserve and they’ve got to go NOW! It’s a horrible feeling but unfortunately its one that a lot of landlords and property managers have experienced. You try to help out the tenant and work out a solution but they’re still breaking the rules or not paying rent on time and now you just want to get rid of them. The problem is there are fair housing rules in each state and sometimes in each community that protect the tenant from an unlawful eviction. These laws mean there are certain hoops that landlords have to jump through to obtain a legal eviction.

The first step is terminating the tenancy, which must be done in writing. In some cases the tenant has the right to remedy the situation and prevent any further action, in others they do not get such an option.

Next you will need to file an eviction lawsuit. There are different categories that these lawsuits fit into and each one has its own set of rules and guidelines. Check with your local housing authority or an attorney to make sure you’re on the right path.

Unfortunately, once you’ve won your eviction lawsuit you may still have tenants you don’t want in your property. You can’t just lock the doors and remove their property, this is illegal. Instead you’ll have to contact the local police who will give the tenant notice to move and then will return after a set time to make sure they’re gone. If not then the police can physically move them.

If you find yourself in the awful position of having to remove a tenant or end a lease, make sure you know the rules for your area and that you follow them to the letter. Any failure to comply with eviction rules and laws can result in a future lawsuit against you.