Step by Step Guide to Evicting a Tenant
Sometimes, despite your best efforts, you will still end up with bad tenants. In reality, no Burbank landlord or property manager is immune from bad tenants. Thus, it is important you understand the steps necessary for evicting a tenant.
Evicting a tenant may seem harsh, but in some cases, you will be left with no option other than to let the tenant go. When a tenant can’t afford your rent or has repeatedly broken your rental agreement, you will have no choice but to evict the tenant.
In some cases, evicting a tenant can be as simple as asking them to leave your rental property. However, note that there are cases where you will have to go through the formal eviction process which includes going to court. In this article, you will learn of step by step process of evicting a tenant.
- Understand the Eviction Laws
Eviction laws vary from state to state. You should be smart and try to understand your state’s specific laws. One wrong move can work against you or delay the entire process. To ensure your protection, you may need to work with a lawyer familiar with the housing laws of your state or the state of your property.
Don’t take matters into your own hands by removing the tenant’s property, changing locks or shutting off essential utilities; this will always come back to work against you. If you want to evict a tenant, talk to a lawyer or first read up on the eviction laws of your state.
- Have a Valid Reason For Eviction
You cannot wake up and decide that you want to evict a tenant; you need a valid reason as well as proof. Some reasons for evicting a tenant include:
- Failure to pay rent
- Constituting health hazard
- Causing significant damage to your property
- Violating the lease agreement
- Give Your Tenant a Formal Eviction Notice
Before giving your tenant a formal eviction notice, we recommend that you try to reason with the tenant. Try to understand his situation if he cannot pay rent, and see if there is something both of you can work out. Often times, a heart-to-heart talk with a tenant will solve the problem.
If reasoning with the tenant fails, you can go ahead and issue him a formal eviction notice. You need to give him a “Notice of Eviction,” a document that tells the tenant about his impending eviction and how he can avoid it. Your eviction notice needs to have a deadline to remedy the situation, such as to pay his rent. Check with your state laws, as you may be required to post eviction notice within a specified number of days before filing the eviction paperwork.
If you’re unsure of how to go about this process, get the service of a lawyer.
- File Your Eviction With The Court
At the end of the deadline given to your tenant, you should go ahead and file your eviction with the court. Note that the court will require you show proof that the tenant has been given the proper amount of time required by your state for an eviction notice. When finished, you will be required to pay court fees before they can proceed with your case.
- Get Ready For the Court Hearing
You need to ensure you have all the necessary documents to prove your case at the court. Some documents you can take with you to court include:
- Records of payments made by the tenant
- Lease agreement
- Bounced checks
- A copy of the written notice given to the tenant
- Records of communication between you and the tenant
You should also go to the court with any other document you think can help you win your case. Get as many proofs as possible, this will make it extremely easier to win the court case and avoid unnecessary delays due to lack of proper documentation.
- Evicting the Tenant Proper
If the court case goes in your favor, your tenant will be given around 48 hours to move their stuff out of your property. If the tenant fails to move out his stuff within the time given to him by the court, you can get someone from the Sheriff’s department and place the tenant’s possessions on the curb.
Final Thought
Evicting a tenant is never an easy process. Fortunately, you can reduce the occurrence by screening your tenants properly. Make sure that your tenant has adequate income and can pay your rent. You also need to ensure that your tenant has no prior eviction cases. If eviction seems unmanageable, property managers at Los Angeles Property Management Group can help you.
