Telling a tenant they need to move out can be awkward, uncomfortable…and completely necessary. If this is your first time evicting someone, or you just need a refresher on the steps to take, read on and we’ll show you how to easily navigate the eviction process.
Reasons for Eviction
In order to evict your tenant(s) you need a lawful reason to do so. Not getting along with them or simply wanting a different tenant are not good enough reasons. Depending on your state and locals laws, if your tenant has done any of the following, you are legally allowed (with fair warning) to begin the eviction process:
- Damaging the property
- Breaking city noise, health, or occupancy ordinances
- Failure to pay rent
- Breaking terms of the lease
- Causing health or safety hazards
First Things First
Before you make any drastic moves, consider having a sit-down conversation with your tenant. Is there something you can talk through without taking legal action? You’d be surprised by what a conversation can do, so if you’re both willing to have one, try meeting up at a coffee shop and talking it through first. At the least, it will give you the opportunity to explain empathetically, but sternly, that they need to move out. Meeting in person can help avoid any miscommunications or hard feelings caused by the eviction.
The Eviction Notice
Once you’ve had a conversation with your tenant, you’ll want to create the notice to vacate, better known as an eviction notice. Depending on your state, these notices can come in the form of:
- Pay rent or quit: pay owed rent or vacate
- Cure or quit: fix the problem (like having pets in a pet-restricted apartment) or vacate
- Notice to Quit for Relative Move-In: move out so landlord’s family member can move in
- Unconditional quit: move out immediately
Use the correct state-specific form and fill in the blanks; it’s as simple as that. When completed, send it to your tenant via certified mail and post it on their front door so they have an additional copy. The ball is in their court now, so wait a few days and see how they respond.
Depending on the type of notice you’ve given them, they need to either 1) pay the rent they owe; 2) fix the problem you identified; or, 3) move out immediately. If your tenant abides by the rules, you’re in the clear.
Take the Eviction Process to Court
In the event that your tenant completely disregards the eviction notice and does nothing, you can take them to court. Visit your city or county courthouse and file an eviction notice with the court. You’ll have to pay a small fee, but the court will serve your tenant a summons for a court hearing. Both of you will be expected to show up on that date to discuss the matter in front of a judge.
Arrive at the courthouse on the court date and bring the following documents to prove you followed all eviction laws:
- Lease agreement
- Records of any communication between you and your tenant
- Bounced check receipts
- Records of late rent payments or non-payment
- Date eviction notice that you provided your tenant
- Receipts from the Post Office showing your eviction letter was delivered on a specific date
If you win the eviction case (and you should if you’ve followed the laws and provided ample notice for eviction), your tenant will have anywhere between 48 hours to a few weeks to be completely moved out. A county sheriff may be required to facilitate the move-out if your tenant is being particularly difficult.
While there’s no guarantee that an eviction will go smoothly, these steps will help you manage the process from start to finish. Once you’ve evicted your tenant and it’s time to find a new one, post your listing, screen new tenants, and fill your vacant unit, all for free through Zumper Pro.
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