How To Evict a Tenant: The Ultimate Guide

General Landlording & Rental Properties
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How To Evict a Tenant: The Ultimate Guide

Joshua D.Pro Member
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!

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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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  • Alex Corbishley
    Minneapolis, MN · Member since 2018 · 31 posts · 20 votes
    6y

    Sharing this so other landlords may benefit.  We had a slow paying tenant here in Minnesota - late 80% of the time from the get go - stop paying rent in June.  We tried negotiating, payment plan, nothing worked.  They blamed Covid although there were 3 out of 4 working adults in the house (4br) with 2 kids.  When we sent them a written notice to leave after a month of non-payment the tenant actually called the Atty Generals office.  We decided on a variant of cash for keys.  Presented them with 3 options on Sunday - pay $1,000 by Friday and get on a payment plan, continue to refuse to pay and we go after you in small claims court (served them at the same time) or move out in two weeks and we cancel the lawsuit.  They chose #3.  They played the game well and caused us to lose $$$ - we get to keep their deposit against the rent which helped offset 1/2 of it.  I post this here to let you know there are options even when you can’t evict.  Had these tenants lost their jobs from Covid we would have worked with them, but they were simply taking advantage of us and blaming the situation.

    1Reply
  • Melissa Walker
    Investor · Rockwall, TX · Member since 2017 · 5 posts · 4 votes
    6y

    Has anyone received a notice from a tenant to "...TEMPORARY HALT IN EVICTION TO PREVENT FURTHER SPREAD OF COVID-19"?

    We were seeking to evict tenants who have only paid $200 since May and are almost $2000 behind in rent. Their circumstances have not changed much as far as work, in fact one of them who was not previously working began a working in June and the other is still working as before. 

    The form gives the tenants protection from eviction until January 2021 and the language is so vague as to what they are required to pay in the mean time that they will most likely live rent free, owe over $4000 at the time of eviction and move out paying nothing before the court date! They have no intention of making partial payments and they get to live rent free for at least 7 months with trump's blessing! 

    What remedy do we have as landlord?

    1Reply
  • Charley C.
    North of Houston · Member since 2018 · 350 posts · 181 votes
    6y

    @Melissa Walker Fortunately for me none of my tenants have giving me that notice.

    Did those tenants file that in small claims? or did they hire a lawyer? what kind of court? 

    And it is sad how any and all government officials (elected or not, local or federal) just cave under any pressure when it involves covid. I'm with you there. 

    0Reply
  • Miguel-Angel S.
    Member since 2020 · 2 posts · 0 votes
    6y
    Same problem here, we were handed the same notice: "...TEMPORARY HALT IN EVICTION TO PREVENT FURTHER SPREAD OF COVID-19".
    it seems that we can do nothing, just wait and let them live in our property for free and owing nothing when they vacate. What a disgrace!!
    0Reply
  • Alex Monteverde
    Member since 2021 · 2 posts · 0 votes
    5y

    I own properties in Phily/Balt/and St Louis.  I have the case when a property that is vacant now have a squatter living inside. Law is like grey here. Can I evict him with the current moratorium?

    0Reply
  • Claudia Robinson
    Member since 2020 · 3 posts · 3 votes
    5y

    Thanks for the tip!

    0Reply
  • Lee Carrell
    Investor · St. Louis, MO · Member since 2015 · 87 posts · 41 votes
    5y

    Here in St. Louis you can still file for eviction for any number of lease violations and get a judgement. However, the Sheriff will NOT perform the eviction. It still goes on your tenants record as an eviction, but YOU CAN NOT put them out of your property.

    You can always file for eviction based on criminal activity or a seriously dangerous situation. If you win in those cases, I believe the Sheriff will come as time permits.

    There is no telling how quickly your case will move along in any situation though due to COVID!

    1Reply
  • Gebson Pinheiro
    Member since 2019 · 26 posts · 3 votes
    5y

    Thankfully, my tenants continue to pay on time, as they all have their jobs and are all ethical people, which is a true blessing.  I'm a Redditor and it's sad reading about this many people scared of COVID-19 so they refuse to work, expect the government to bail them out, and want small business owners like us foot the bill.  I wonder if the banks foreclose on the properties due to non-payment by tenants, that the government will bail out us property owners.

    0Reply
  • Account Closed
    Member since 2020 · 20 posts · 4 votes
    5y

    Wow, great resource.  Thanks for sharing.

    0Reply
  • Francis Louis Vogel Jr
    Banker · Saint Clair Shores, MI · Member since 2011 · 131 posts · 53 votes
    5y

    Great read. Thanks

    0Reply
  • Nadir M.
    Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @George Paiva amazing. Are you able to upload a clear picture of the algorithm?

    0Reply
  • Lee Carrell
    Investor · St. Louis, MO · Member since 2015 · 87 posts · 41 votes
    5y

    Update on evictions in St. Louis County: https://wp.stlcountycourts.com...

    Update on evictions in St. Louis City:

    By Jacob Kirn – Economic Development Editor, St. Louis Business Journal Apr 5, 2021, 12:45pm EDT The St. Louis Circuit Court on Monday said it would extend its eviction moratorium until May 3, making its policy unique among area courts.

    0Reply
  • Valdis Kremers
    Investor · Indianapolis, IN · Member since 2021 · 4 posts · 0 votes
    5y

    Link doesn't work 

    0Reply
  • Mohamed Ghoneim
    Real Estate Agent · OR · Member since 2019 · 9 posts · 7 votes
    5y

    Sounds like a great document from all the comments. Is there a way I can still find it? seems the old link doesn't work anymore.

    Thanks a lot in advance!

    0Reply
  • Lee Carrell
    Investor · St. Louis, MO · Member since 2015 · 87 posts · 41 votes
    5y

    The link worked for me, but here it is again. https://wp.stlcountycourts.com...


    Or go to www.wp.stlcountycourts.com and search for evictions.

    0Reply
  • Mohamed Ghoneim
    Real Estate Agent · OR · Member since 2019 · 9 posts · 7 votes
    5y

    I am looking for a working link for the “How to Evict a Tenant: The Definitive Step by Step Guide”. If anybody has it or knows how to get this document, I would highly appreciate it. Thanks a lot in advance!

    0Reply
  • Amanda Thompson
    Property Manager · Boise, ID · Member since 2021 · 119 posts · 48 votes
    5y

    @Joshua Dorkin great resource! Thank you!

    My husband attended the court hearing today, after following all the steps to evict. The judge said "how do we even know you own the property?" to my husband, and then reset the court date for a week from now so we could provide proof! So, apparently it's handy to bring your deed or sale records from the title company! We were a bit shocked.

    3Reply
  • Sylvia Park
    Member since 2021 · 8 posts · 1 vote
    4y

    Question- do my husband and I both have to attend the eviction hearing? We are both listed as landlords on the lease. 

    0Reply
  • Allan Sergon
    Member since 2021 · 4 posts · 0 votes
    4y

    this is very interesting thanks for the information!

    0Reply
  • Danielle Jackson
    Phoenix, AZ · Member since 2021 · 504 posts · 282 votes
    4y

    Thanks for sharing!

    0Reply
  • Andy RouschPro Member
    Investor · Mt. Arlington NJ · Member since 2018 · 251 posts · 143 votes
    4y

    I am most likely going to need to evict my Grandpa's tenants now that the moratorium lifts for NJ in 2022. One hurdle I had is my Grandpa owns the property but is in a retirement home. For anyone managing loved ones properties make sure to get a POA before they go into a home so you can take their tenants to court for them to avoid tenants taking advantage of someone who can't go to court for their own property!

    0Reply
  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 490 votes
    4y
    Excellent content, well written in a back to basics style. Evictions, a necessary evil! 
    [email protected]
    RentWerx Property Management4.73308 Reviews
    WebsiteView Page
    0Reply
  • Michael Mastantuono
    Realtor · PHX AZ · Member since 2017 · 48 posts · 20 votes
    4y

    will this help with this problem: 

    I recently purchased a house from a wholesaler. all taxes an liens were cleared during in title. However, part of the agreement is that the previous owners get a 6 month lease back (which i was compensated for from wholesaler and previous owner out of escrow). What is the next step i should take to try and ensure the now tenants will be out by the terms in the lease agreement they signed? Should I send a letter or email from my LLC re-instating the terms? There is also possibility they will be out before the 6 months but probably not likely. As soon as they are out I can begin rehab on the property. I was even wondering if it would be worth it to contact them and see where they are in there HUD process to qualify for affordable housing. Maybe it would be worth to give them an added incentive to move sooner. I paid cash for the house so I'm not paying loan fees, just taxes and insurance.

    0Reply
  • Mary Smith
    Rental Property Investor · Member since 2021 · 385 posts · 197 votes
    4y

    This is a fantastic resource for landlords! Thank you!

    0Reply
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