Despite advertisements touting the ease and glory of owning rental property, being a landlord can be one of the most stressful roles in an individual’s life. And few things are more stressful for a landlord than having a tenant who is not paying the rent or causing damage to the property.
The sad thing is, there will always be tenants who will violate their lease agreements.
So when you’re dealing with an uncooperative tenant, you need to put an end to the problem and initiate eviction proceedings. Let’s take a look at everything you need to know about the eviction process.
But First, What Are the Reasons You Should Evict?
In order to properly handle the process, you should first ask yourself what the reasons are for evicting a tenant. Remember that your reasons must have a legal basis, and you are not reaching for a reason to evict them. To better guide you, here are some circumstances where you can find grounds for eviction:
Lack of or Refusing To Pay Rent
There are many reasons why you should evict tenants who refuse to pay rent. For one, it is a violation of your lease agreement. Additionally, it puts you at risk of losing money that you are owed. And finally, it can be disruptive to your other tenants and may make it difficult to collect rent from them in the future.
Causing Damage to the Rental Property
Allowing tenants to continue damaging your property can lead to further damage. It can also make it difficult to find new tenants.
Damage also opens your property to depreciation. So it is crucial that you take steps to evict tenants who are damaging your rental property.
Disruptive behavior can include making excessive noise, having too many visitors, and displaying argumentative or aggressive behavior. This type of behavior can make living on your property intolerable for both you and your other tenants.
Nobody wants to live with neighbors who don’t have a sense of community. In some cases, it may also be a violation of your lease agreement.
Uninhabitable Living Conditions
If your tenants are living in uninhabitable conditions, you should evict them as soon as possible. Uninhabitable conditions can include a lack of heat, running water, or electricity; an infestation of vermin; or exposure to hazardous materials. If your tenants are living in these conditions, they are at risk for illness, injury, or even death.
Additionally, these conditions can cause extensive damage to your property. By evicting your tenants, you can avoid these risks and protect your property.
If your tenant is engaging in criminal activity, it is important to take action and evict them from your property. This will protect you from liability and help to keep your other tenants safe. In this case, criminal activity can include drug dealing, violence, and other illegal activities.
Steps To Take in the Eviction Process
As a landlord, if you find yourself in the position of evicting tenants, it is important to understand the process. Below are the steps on how to evict a tenant:
Send a Notice of Vacuity
The first step in evicting tenants is to send the tenant a notice to vacate. This notice must be in writing and must state the reason for the eviction.
The notice must also state the date by which the tenant must vacate the premises. If the tenant does not vacate by the specified date, you can file an eviction action with the court.
File a Court Complaint
The complaint must allege that the tenant has failed to pay rent or has otherwise breached the terms of the lease. If the court finds in favor of the landlord, it will issue an eviction order.
Attend the Court Hearing
A hearing will be scheduled, at which both you and the tenant will have the opportunity to present their case. Be sure to bring any relevant documentation with you to the hearing.
Obtain a Writ of Possession
The next step is to obtain a writ of possession, which is a court order that gives the landlord the right to remove the tenant from the property. The writ of possession is typically served by the sheriff or constable.
Enforcing the Eviction Order
If the tenant does not leave by the date specified in the eviction order, the landlord can contact the sheriff or marshal in the county where the property is located. The sheriff or marshal will then post a notice on the property that says the tenant has to leave by a certain date. If the tenant still does not leave, the sheriff or marshal will come to the property and physically remove the tenant and their belongings from the premises.
What Can You Do To Protect Yourself in the Future?
The one thing you need to do to protect yourself in the future is to get insurance. This will protect you from any damage that may occur during the eviction process. If you don’t know where to begin, visit Lopriore.com to learn more about what is included in the policy.
You also need to make sure that all your necessary documents for every tenant are organized and categorized. This makes it more convenient for you to track your tenants and finances. It also makes it easier to file any complaints in the future.
Follow This Guide To Make Eviction Easier for Everyone
The eviction process is a difficult one for landlords, but it is important to know the ins and outs in order to protect your investment. You should know when to evict and what steps you should take. This landlord guide has given you a general overview of the eviction process, but it is always best to consult with an attorney to ensure that you are following the law correctly.
Lawyers with the necessary expertise can answer your specific questions and even advise you on your next steps.They will make sure that your rights are protected.
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Alison Lurie is a farmer of words in the field of creativity. She is an experienced independent content writer with a demonstrated history of working in the writing and editing industry. She is a multi-niche content chef who loves cooking new things.