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How can I evict a problem tenant from my rental?
So the first question we have to ask when we’re considering evicting a tenant is why. What is the reason for the eviction because it better be a good one because you can’t just evict a tenant because, say, you don’t like them or for something else that might be seen as a little bit silly. So, if its non payment of rent, if it’s a violation of the lease, whatever sort of reason. We just want to make sure that there’s good grounds for eviction.
So understanding the landlord/tenant act and the laws in your state will be really helpful in knowing how to process the eviction, knowing how to serve proper notice and to proceed in the event of nonpayment of rent or a serious violation of the lease agreement. One example of a way that you really have to be careful is, let’s say, the tenant is not raking the leaves or taking care of the outside of the property. Well, you can’t just evict them, there has to be a process there, okay?
So what not to do. Like I was starting to explain, you can’t just go and kick them out, okay. You can’t just go and change the locks. We’ve seen that done. We’ve seen landlords try to do that or even successfully do that but then it turns into a legal battle where they have not followed the landlord/tenant act and the statues in place to protect tenants from being just kicked out. There is a process that needs to be followed. Try to stay calm. Try not to get so emotional because they stop paying rent or whatever the situation is. Be calm and follow the process that’s been laid out.
Here’s an overview of some of the process here. Now this will vary by state but for the most part, it’s very similar. There’s going to be a notice and there’s a period of time where you need for that notice to expire. Sometimes it’s a three day payer vacate in the event of a non payment of rent. Three day pay, five day pay, some state vary, where you post a notice. Usually on the tenant’s door or you serve it to them personally and then you wait for that three or five days, however long to expire. And check on the unit to see if they did vacate, because there’s two options there. They pay in full or they vacate.
File with the court. There’s paper that needs to be turned. Typically, the lease agreement, the copy of the notice, ledger if it’s for non payment of rent, some other important things that an eviction attorney might ask for. A hearing is set where notices are sent to both parties asking them to appear for a hearing. You appear in court. Make sure you’ve got ducks ina row. Got all the documentation in place. And then there’s a settlement typically, or a decision by the judge, whether there’s going to be a judgment, order of restitution, which is giving you back the property and allowing you to have a constable hired where if they haven’t moved out, unfortunately that’s the hard part where a constable and a locksmith can go and actually physically remove the tenant and follow the personal property guidelines for handling their personal property that’s left behind. And that’s where the lock out occurs. That’s what it’s called, is the lockout. And that’s not a fun thing, right? No one likes to lock out a tenant but it happens from time to time.
So I hope this has been helpful for you. If you have any questions or if you’re in this situation, we’d be happy to help you out with that.