{"id":128825,"date":"2020-08-28T15:00:28","date_gmt":"2020-08-28T21:00:28","guid":{"rendered":"https:\/\/www.biggerpockets.com\/blog\/?p=128825"},"modified":"2021-03-16T17:02:22","modified_gmt":"2021-03-16T23:02:22","slug":"evicted-a-tenant-now-what-how-to-prevent-evictions","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/evicted-a-tenant-now-what-how-to-prevent-evictions","title":{"rendered":"5 Steps to Take After Evicting a Tenant (Plus, How to Prevent It in the First Place)"},"content":{"rendered":"

Evicting a tenant is one of the worst tasks for landlords. Not only does it cost money and precious time to remove a tenant legally, but there is also a clean-up job to do. After evicting a tenant, you need to change the locks, make repairs, and likely remove a trail of trash the tenant has left behind\u2014costing you even more time and money.<\/p>\n

According to Statista<\/a>, more and more people are renting. In 2019, the number of renters in the U.S. topped 43 million and the trend keeps ticking upward. Of course, this is good news for landlords and aspiring rental property owners.<\/p>\n

However, with the rise of residential rental housing, there\u2019s also a rise in eviction rates. A Princeton University report on the number of evictions<\/a> found that annually in the U.S., around 3.6 million eviction cases are filed in local courts. From these, 1.5 million cases result in successful evictions.<\/p>\n

Unfortunately, this process will likely become much more common in the aftermath of the coronavirus pandemic.<\/p>\n

Let’s examine all the things landlords need to do after a successful eviction. You\u2019ll also find out how to avoid having to evict someone in the first place. However, before any eviction takes place, you need to follow the proper eviction procedures.<\/p>\n

Related: <\/em><\/strong>I\u2019ll Never Evict a Tenant\u2014Here\u2019s Why<\/a><\/em><\/p>\n

How to Start the Eviction Process<\/h2>\n

To evict someone from your property, landlords must act in line with the law. Even if the tenant refuses to pay rent or there\u2019s evidence that they\u2019ve damaged your property, you\u2019ve got to do things by the book. DIY evictions are out of the question.<\/p>\n

According to Cornell Law School<\/a>, there are three primary reasons to evict a tenant. These include:<\/p>\n

    \n
  1. Non-payment of rent<\/li>\n
  2. Significant violations of the rental agreement<\/li>\n
  3. The lease has expired<\/li>\n<\/ol>\n

    \"\"<\/p>\n

    Usually, you need to give notice of eviction\u2014for example, for non-payment of rent, you can serve a written \u201cNotice to Quit.\u201d The tenant either pays the rent or they leave the property. But if the tenant has repeated violations, you can serve an eviction notice.<\/p>\n

    Ultimately, only the court has the power to force a tenant out of a rental property. But after the court rules in your favor and serves the termination notice\u2014what next?<\/p>\n

    What to Do After Evicting a Tenant<\/h2>\n

    After the court serves an eviction order, one of two scenarios can take place.<\/p>\n

    In the best-case scenario, the tenant gets their stuff together and moves out. They leave the rental unit in good condition, hand back the keys, and you both part on pleasant terms. You can now breathe a sigh of relief and put the nightmare behind you.<\/p>\n

    Related: <\/em><\/strong>How to Evict a Tenant: The Definitive Step-by-Step Guide<\/a><\/em><\/p>\n

    Unfortunately, if you’ve had to take the tenant to court to evict them, things rarely go smoothly. If the renter refuses to leave, you need to arrive with someone from the sheriff\u2019s department. The sheriff will oversee the removal of the tenant and their personal belongings.<\/p>\n

    After you have gotten rid of the delinquent tenant, it’s now time to get the property back into shape for your next tenant. What should you do after you\u2019ve evicted the tenant?<\/p>\n

    Here are five crucial steps to take.<\/p>\n

    5 Steps to Take After Evicting a Tenant<\/h2>\n

    1. Change the locks.<\/h3>\n

    Changing the locks is the first step to take after taking back control of the rental unit. And it would be best if you changed the locks the moment the tenant vacates the property\u2014not the next day or the day after. You never know how many copies of keys the tenant made.<\/p>\n

    It’s also crucial to remember that you can’t change the locks before the court orders the eviction. Preventing the tenant access to the property in a “self-help” eviction is illegal. In the end, the tenant could sue you for wrongful eviction.<\/p>\n

    2. Check for and document any damage.<\/h3>\n

    Due to the nature of evictions, it\u2019s not usually possible to inspect the property with the tenant. Evictions are the end of a long and soured landlord-tenant relationship. If tenants know an eviction will happen, they may cause damage to the property. So, make sure that everything is in working order after the tenant leaves.<\/p>\n

    If there is damage to the property, you can take this out of the tenant\u2019s security deposit. However, you\u2019ll need to send an itemized list of the damaged items, cleaning costs, and unpaid utilities. You are entitled to keep part or all of the deposit to cover expenses related to the breach of contract.<\/p>\n

    3. Repair the property<\/h3>\n

    After evicting, there is usually more damage than regular wear and tear. Getting the property up to a rentable standard may require extensive repairs. In some cases, you can tackle small tasks; in other cases, you may need to hire contractors.<\/p>\n

    \"\"<\/p>\n

    4. Clean the property.<\/h3>\n

    The next step is to clean the property thoroughly. This is usually vital even when a responsible tenant moves out. So, after getting rid of a troublesome tenant, cleaning is always necessary. But remember that a clean property will attract better tenants in the future.<\/p>\n

    5. Thoroughly inspect everything.<\/h3>\n

    The last step is to do a thorough inspection of the rental unit. Ensuring that everything is in working order and functional will help make certain that future tenants are happy living there with no complaints.<\/p>\n

    How to Prevent Future Evictions<\/h2>\n

    As the adage goes: prevention is better than cure. So, successful landlords always try to avoid evictions, if at all possible.<\/p>\n

    Here are some ways to help prevent evictions in the future:<\/p>\n