Hello World! Welcome Friends! Did you know that 3.5 million people currently face eviction? No landlord wants to evict their tenants. Unfortunately, many homeowners often find themselves in this situation.
If you’ve decided that eviction is the only option for you you must follow legal procedures in your state. Failing to look into eviction laws can make a bad situation much worse.
That’s why we organized this guide. In it, we’ll walk you through a typical eviction process to make sure that you’re doing everything legally. Let’s get started!
Try Talking to the Tenants First
Before you start the eviction it’s important to ask yourself, Is it worth it? The eviction process is long, expensive, and stressful for everyone involved. Because of this, you want to do everything you can to avoid taking formal action.
So, have a conversation with the tenant first. Be respectful and try to understand where they’re coming from. See if you can reach an agreement on when they can leave.
If you have the means, you might also want to help them move. You could provide them with a truck to move their things, or help them find a property that’s more suitable for their needs.
If all else fails, consider the cash for keys strategy. With this option, you’re essentially paying the tenant some money to leave. This might sound counterintuitive.
But the reality is that this option is far less expensive and stressful than a normal eviction. So, you might want to consider giving it a shot.
Identify a Reason for Eviction
If you’ve tried everything you possibly can, then it’s time to get ready for an eviction. To evict a tenant you need a legally valid reason to do so. Here are some of the common reasons for eviction:
- They haven’t paid rent
- They violate the lease
- They cause significant damage to the property
- They don’t leave after the lease ends
- They’re squatting on the property
- You to sell or renovate and this is covered by your lease
However, remember that the laws of your state will dictate what reasons can be legally valid. For example, the eviction laws in Florida are a lot different than Colorado’s eviction laws. So, make sure you research state laws.
Serve a Notice Following State Law
Next, you need to create and serve an eviction notice to the tenant. There are three main types of notices you can serve. The first is a Notice to Pay or Quit. This notice is used when the tenant is late on rent.
They can either pay you or be evicted. The second type is a Notice to Cure or Quit. This notice is for when the tenant breaks a lease agreement. For example, maybe they have a dog when you said no pets in the lease.
Either they can fix the problem or get out. The last type is an Unconditional Quit Notice. This type of notice forces the tenant to leave without giving them an option to stay.
Typically, this notice is reserved for extreme scenarios. For example, maybe someone is dealing drugs or doing something else illegal out of your home.
Just remember that different states have different laws in terms of when you can use Unconditional Quit Notices and how much notice you need to give.
Some states also have specific rules about how you need to serve the notice. So, make sure you discuss your situation with a lawyer that specializes in eviction law so they can advise you on the best type of notice.
File a Formal Eviction Action
If you’ve served your notice it hasn’t been paid or followed, it’s time to petition for eviction. To do this, you will need to draft a summons and complaint.
Then file it at the district court in the county where your property is located. If the tenant owes you a lot of rent, you will also need to seek compensation in the superior court.
You will also need documents like your lease agreement and copies of any notices you served. From there either you or the court will give the tenant a summons to appear before a hearing.
Enforce the Judgement
On the day of court, you will argue your case and the tenant will argue theirs. After that, the judge will enforce a judgment. If you win the case, you will need a writ from the court.
From there, you will provide this writ to local law enforcement. They’ll enforce the writ and move the tenant out along with their belongings.
Tired of Bad Tenants? Hire a Property Manager
One of the worst parts of being a landlord is dealing with bad tenants. If you’ve reached your breaking point, you might want to consider hiring a property manager.
This is one of the best ways for dealing with bad tenants. A property manager will act as a bridge between you and the tenants. They communicate with you and help handle evictions if they’re needed.
Though the good news is they’re not usually needed when you have a property manager. A property manager will do extra work to vet each potential tenant.
That way, you’re only getting quality applicants that will pay rent. This frees up valuable time for you to focus on whatever you want. In exchange, you pay them a percentage of the rent you get.
Appreciate Learning About Eviction Laws? Keep Reading
Hopefully, this article helped you learn more about the eviction laws you need to follow as a landlord. Remember that this is just a general outline of the eviction process.
The specific laws you will need to follow are unique to the state you live in. That’s why we always recommend getting legal help before you decide to pursue the eviction.
We hope this article helped you. We regularly release content on the latest trends so keep reading to learn more.
Click the links below for any posts you have missed:
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