How To Evict a Tenant: The Ultimate Guide

BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes

Hey guys -

We just put out another guide in a long line of epic content . . .

How to Evict a Tenant: The Definitive Step by Step Guide

This is about as comprehensive as it gets. If you are a landlord or are thinking about getting into rental properties, you'll want to read and save this one.

Let us know what you think!

Podcast Guest on Show #100

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George Paiva

Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes

11y

Great Guide, I like how you kept it generic enough not to get someone in trouble by having them look up the specific state laws. I've been in this game a little over 5 years and been through about 6 evictions in our tenant friendly state of Connecticut. I even created a process map a few years ago to keep me on my toes when doing the evictions. The last few evictions have been no shows which keeps evictions from start to finish about 6 weeks but on average they are about 3 months by the time they are gone. I'll admit I would rather do the eviction than cash for keys.

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Aaron Miley
Investor · North Port, FL · Member since 2016 · 137 posts · 58 votes
10y
Very nice! I'll definitely keep cash for keys in mind. I'd be curious as to when the tenant/landlord pendulum swung so far in favor of the tenant.
0 Reply
Jesse Sasomsup
Property Manager · Los Angeles, CA · Member since 2013 · 58 posts · 9 votes
10y
This is a very comprehensive guide to eviction! Very well written!
0 Reply
Lawrence Settles
Investor · Upper Darby, PA · Member since 2015 · 1 post · 0 votes
10y
I have a question. I was awarded the judgemnet for a tenant and failure to pay rent. She appealed as a stall tactic, however she didnt comply with the courts and I was then granted the notice to vacate in 10 days. She did make some payments in escrow with the courthouse, does anyone know what form do I need to petition to the court to release the funds out of escrow to me?
Any help will be greatly appreciated. Thank you.
0 Reply
Marnie L.
Rental Property Investor · Gwinnett Co., GA · Member since 2016 · 34 posts · 6 votes
10y
Unfortunately, I've had to evict tenants, but it's been several years. And laws change over time. Just as an FYI, I do know that even counties within states handle the details of evictions differently and on different time-frames. My rental properties were in different counties.
Being armed with the knowledge on how to deal with evictions is key to minimize your chances of going through an eviction.
Joshua, thanks for posting that useful information to share with us.
0 Reply
Brad Russo
Professional · San Francisco, CA · Member since 2016 · 124 posts · 31 votes
9y
Thank you for this great guide. Especially, I like that you included links to rules and laws of every state. And case studies are very helpful. I’m looking forward to your next articles.
0 Reply
Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
Evictions, funny to see so many posts about how to evict, when non-renewal notice is usually first step when you have a tenant that no longer fits your property for whatever reason, besides not paying rent.
Negotiate for possession.
Court action if you must.
State laws rules, so know what apply's to you.
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Account Closed
Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
9y
Originally posted by @Deanna McCormick:

Evictions, funny to see so many posts about how to evict, when non-renewal notice is usually first step when you have a tenant that no longer fits your property for whatever reason
That would only apply if their previous lease has run out. There are lots of reasons you might want to evict a tenant while they still have a lease in effect and a non renewal notice would be useless. *sigh*
0 Reply
Peter Albanese
Springfield, IL · Member since 2009 · 33 posts · 31 votes
9y
Find an attorney that specializes in evictions, it will be less expensive, more efficient and less hassle on the brain. In my city, about $400 flat fee gets it done!!
3 Reply
Bernie NeyerPro Member
Investor · Chanute, KS · Member since 2016 · 160 posts · 60 votes
9y
Kansas is a whole lot simpler. I'd suggest you sue for possession of the property and not damages. In a lot of states, as in Kansas, though not all, you're allowed to post on the door. You are seeking the return of your property and not laying claim to the tenant's property.
In and around Wichita there is a business called Eviction One, and they can get a tenant out in two weeks or less. Sedgwick County though handles court scheduling different than smaller counties and it could take longer there. In my country one tenant appeared at the answer and the actual hearing got set two weeks later, with total time from delinquency to final hearing 1 1/2 months. The tenant didn't appear at the hearing so it was a win by default. Typical stall tactic.
0 Reply
Jamie Silvers
Rental Property Investor · Wichita, KS · Member since 2015 · 26 posts · 0 votes
9y
Heather at eviction one is awesome to work with.
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Joseph M.
Saint Paul, MN · Member since 2015 · 31 posts · 15 votes
9y
@Clay Powell
Excellent point.
Most "National Leases" are actually New York and California leases. Always use the form lease from your local State Bar Association or State Realtor Association.
0 Reply
Art Veal
Investor · Chicago, IL · Member since 2017 · 8 posts · 2 votes
9y
Great guide. That cash for keys does sting my ego a little but it can often be a wise business decision. I live in Illinois the “friendliest” of the tenant-friendly states. Our evictions can take up to six months although I have learned about a “Use and Occupancy motion” It basically says that while we are in court about the past due rent, you agree to pay the rent for upcoming months going forward while we sort this out (adlibbing of course).
This serves the purpose of stopping all the delay tactics because they have to pay the rent WHILE delaying things in court. If they fail to make a rent payment then they lose the court case! It works great in Illinois and I have yet to see a FREE tenant attorney beat it.
Hope this helps someone.
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Alex Bok
Real Estate Agent · Chicago, IL · Member since 2016 · 283 posts · 71 votes
9y
Very good read thank you very much for sharing!
0 Reply
Donna Talley
New Cumberland, PA · Member since 2017 · 15 posts · 0 votes
9y
What is Cash for Keys? We are in the early stages of our first eviction. Notice to Pay or Quit was sent out last week.
0 Reply
James Bolden
Investor · Rowlett, TX · Member since 2015 · 27 posts · 5 votes
8y
very signicant content. 3 years and 1st eviction. Great guide.
0 Reply
Benjamin Hart
Raleigh, NC · Member since 2018 · 14 posts · 2 votes
8y
This is awesome. Thank you! I haven't yet had to deal with an eviction but have been trying to mentally prepare for it, as it's happened to a few others I know and has never gone smoothly.
0 Reply
Joey Hamaoui
Real Estate Agent · Jacksonville, FL · Member since 2016 · 406 posts · 163 votes
8y
I love the flow charts you made and use. I think it's a great idea. I was able to take a quick peak into St Johns Property Management thanks to @Corey Clarkston introducing me to their business. They use this in their business here in Jacksonville and I believe they even found a way to shorten the eviction process here.
I'm a very visual person so the flow chart is so key.
2 Reply
Ryan McKelvey
Jacksonville, NC · Member since 2018 · 67 posts · 58 votes
8y
Here is some useful information regarding reporting of civil judgements to credit bereaus:
https://www.creditrepair.com/blog/credit-repair/ma...
In lights of this information, when I evict tenants I only ask for possession of the property back. For any monies owed, I report to a collection agency, so I can assure the information is accurately recorded. In 5 years of property management, I have only received one payment of about $75 from a court judgment, but have seen about 12% of collections balances paid in the last two years. I also offer to set up a payment plan with the past tenant before they are sent to collections, though many tenants will blow you off, I have experienced quite a few who were willing to make the payment plan in lieu of being sent to collections.
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Moncy Samuel
Investor · Suwanee, GA · Member since 2015 · 114 posts · 24 votes
8y
I am looking for some advise. My problem tenant who has a lease and its expiring on May 31. So far she didnt notify that she is leaving or staying. I really dont want her to continue in my apartment because a week ago she caused a fire damage in the kitchen which costs me over $2k (repair in progress).
My lease agreement states that there need to be 60 day notice either parties. pls advise how to go next to let her go.
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Steven Stohlman
Investor · Cleveland, OH · Member since 2017 · 29 posts · 25 votes
7y
@Joshua Dorkin great article, I liked having the state specific laws linked to the blog. I’m currently going through the eviction process and it’s good to see I’m on track. An interesting addition we have in Cleveland OH. Is now the courts add a mediation step before eviction. Both parties sit with a mediator and decide if things can be worked out. In my case I was able to take a partial payment and we worked out a 30 day payment plan. In the end the tenant failed but I was able to get an additional $2,000.00 in late fees and rent.
2 Reply
Jeremiah Mon
Rental Property Investor · San Diego, CA · Member since 2018 · 44 posts · 36 votes
7y
@Joshua Dorkin What an awesome and comprehensive step by step guide! My concern in the article is when you go to court. Rich Dad had stated that its verrrry difficult to evict a tenant in states that are “Pro-tenant”, like California. No matter what the law says, judges will vote in favor of the tenant. With that in mind, savvy investors stay away from pro-tenant states. In your research, which states are “pro-tenant” vs “pro-landlord”? Thank you for your time and effort! -Jeremiah
1 Reply
Scott Shelby
Member since 2018 · 1 post · 0 votes
7y
I have owned a rental property since 2003 in Crowley and I now have a tenant that has been slow at time and then this year simply stopped paying and then would con me by paying a month or two. We lived in California and were forced to sell there and come to Texas to deal with it. I finally took them to court on 12/11 and easily won as they had no defense. The judgement said they were to be out 12/16 which was completely ignored and then tried to get the Constables to enforce and was basically told how backed up they were and nothing happened. Then 12/26 I called and Constables office stated the best appointment I could get is 1/8 since they are backed up on the holidays so now these deadbeat tenants get to stay with me having to pay.
This is just not right if constables don't want to evict someone at the holidays even thought they owe the rent {Thousands of $$)
This is an experience i would not like to see anyone else go through but the legal system shouldn't help promote non payment of rent.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
7y
@Scott Shelby
To be fair, the Constables have families as well and this is not an emergency. You could easily have filed months ago and avoided the holidays
So, you needed to sell your property and move to Texas to handle a simple eviction in Texas? There are services that would have handled this for <$500. Why did you uproot your life for this ?
2 Reply
Mike G.
Real Estate Agent · Las Vegas, NV · Member since 2016 · 589 posts · 275 votes
7y
Great read, amazing article with a wealth of great info. Wish i had read this before i went thru evicting a tenant years ago. But i just read it and saved it. I will be referring back to this article no doubt!!!
0 Reply
Nathan Wysong
Rental Property Investor · Daphne, AL · Member since 2019 · 1 post · 1 vote
7y
Just got back from court for my first eviction in NC. Tenants dodged the Sheriff's officers until they finally just posted it on the door. Deputy said he could hear them inside but they wouldn't answer the door. In court they brought up all kinds of things not even true or relevant to the case. In the end judge ruled in my favor with two months back rent, eviction and court cost. Lesson learned: be prepared for some outlandish bs and document everything.
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