What It’s Really Like to Evict a Tenant

The Eviction Process: Know it Before You Have to Do It

Eviction. It’s a nasty word in this business that none of us like to hear. However, it is a reality we have to deal with from time to time. As uncomfortable as it can be, it will go better if you understand what the process is all about before you have to do it.

Read Local Eviction Laws

When you suspect that an eviction may be imminent, it’s time to start reading up on your local eviction laws. Hopefully you’ve already got a bit of understanding of these, as you should have given them a glance when you drafted up your lease. But when you have that sinking feeling that you’re going to have to boot out a tenant, it’s time to dig deeper into those regulations. Both you and your tenants have certain rights that must be adhered to, otherwise there could be legal ramifications. You definitely don’t want to give your tenant any reason to file suit against you, so make sure you’re doing everything by the book.

You cannot, under any circumstances, take a DIY approach to eviction. Even if you’re stuck with the worst tenant in the history of tenants, and they never pay rent and they ripped off your kitchen countertop and dug a pit in your yard and filled it with garbage (yes, all of these have happened), you cannot go in there and forcibly remove them or their stuff. You also can’t change the locks on them or turn off utilities or take any other measures designed to make them leave. I know it’s tempting, but it’s totally illegal.

Have a Good Reason for Evicting

To begin the eviction process legally, you need to start with a valid reason for evicting the tenant. This may be failure to pay rent, damage to the property, or violating other parts of the lease (i.e., bringing in pets when there’s a “no pet” policy that they agreed to). Of course, this should be preceded by a previous request on your part to correct the situation, with adequate time allowed. Truthfully, eviction should always be your last resort. It’s time-consuming, costly, and majorly stressful.

Deliver the Eviction Notice

If the tenant is ignoring your request and reasoning with them clearly isn’t working, it’s time to issue the formal eviction notice. This is basically a legal ultimatum that explains to the tenant why they’re being evicted and what they can do to avoid it (pay the rent, repair the damage, etc.). The notice should include a deadline for them to either pay up or move out, as well as the amount they still owe to you. You can tape it to their door or send it certified mail; either way is fine, just make sure you allow adequate time for them to respond (usually about a week).

Take Them to Court

If the eviction notice doesn’t garner a reaction, it’s time to file your eviction with the courts. You’ll have to pay a fee and show some other documentation (it’s a good idea to call your local courthouse ahead of time and see what’s required), and then the court clerk will schedule a hearing. Your tenant will notified of the hearing via a summons.

When the hearing date rolls around, you’ll want to have all your documentation together. This includes the original lease agreement, payment records, records of communication between you and them, a copy of the eviction notice, and proof that they received the notice. During the hearing, be ready to answer questions and prepare for a fight from your tenant. Stay calm, be honest about the situation, and if you’ve done everything right, the courts should be on your side.

The Outcome

If you’ve won your case, the tenants will have a set amount of time to move out - usually no more than a week. Hopefully they pack up and go peacefully, but if they don’t, the law is on your side. The Sheriff’s department can send someone to the property to force them to leave, and all their possession will be placed at the curb.

Any back rent or other costs owed to you will have to move through the small claims court. If that judge decides that the tenant owes you money, you have a few options for collecting. Chances are, they’re not going to write you a check on the spot. Instead, you can seek to have their wages or tax refund garnished, or you can go through a private debt collector.

Now let’s say you didn’t win your case and the tenant is allowed to stay. This is not a good situation, because at this point, the relationship between you and them has definitely soured. Get ready for even more heartburn, though. If they won, you may be required to pay their court costs and any attorney’s fees. It sucks, but take solace in the fact that once the lease is up, you never have to see them again.

Conclusion

So that’s basically how the eviction process works. I truly hope you never have to resort to it, because it’s no fun for any of the parties involved. It’ll likely cost you a few thousand dollars (yep, you read that right; between attorney’s fees, court costs, and lost rent, your wallet will take a hit), not to mention the hours of sleep you’ll probably lose.

Instead of suffering through this painful process, take steps to protect yourself and your investment. The best way to do this is by thoroughly screening prospective tenants. Do a background check and look at their rental and eviction histories as well as their credit report. Ask for references and contact previous landlords to get their opinions. A qualified and experienced property management company can also handle tenant screening for you, and they typically have more tools at their disposal.

Bottom line: Evictions suck. Avoid them if you can.