13 key considerations to evict a tenant

13 Key Considerations to Evicting a Tenant I

Key Considerations

VerticalRent's Comprehensive Guide to Evicting Tenants

ToEvictinga Tenant

Copyright © 2016 by VerticalRent

All rights reserved. Published in the United States ofAmerica.

DISCLAIMERVerticalRent does not take any credit for creating the images found in this book,these files are acquired from various sources which outwardly claim to be “publicdomain,” and as such no copyrighted images are included with the knowledge of thepublisher of this book. The common sense tips in this e-book should not beconstrued as legal advice. These are guidelines that will help you as a landlord,property manager, or tenant screening provider. Local laws and regulations may differin your area. Be sure to consult with an attorney before rejecting an applicant andensure you are following fair housing laws.

ContentsIntroduction............................................................................................................................................................2

T e n a n t S c r e e n i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

S t a y i n g L e g a l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Legalities.................................................................................................................................................................3

C o n s i d e r W h e t h e r Y o u R e a l l y W a n t t o E v i c t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

P r o v i d i n g N o t i c e o f E v i c t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

T y p e s o f N o t i c e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

P a y R e n t o r Q u i t N o t i c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

The Eviction Process..............................................................................................................................................4

C u r e o r Q u i t N o t i c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

U n c o n d i t i o n a l Q u i t N o t i c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

E v i c t i o n N o t i c e w i t h o u t C a u s e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

S h o u l d Y o u H i r e a n A t t o r n e y ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

F i l i n g f o r E v i c t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Preparing for Court................................................................................................................................................7

Evicting the Tenant................................................................................................................................................8

H o w t o C o l l e c t P a s t - D u e R e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Avoiding Evictions in the Future.......................................................................................................................10

Conclusion..............................................................................................................................................................11

13 Key Considerations to Evicting a Tenant 2

Tenant ScreeningAs important as tenant screening is to run a successful property rental business,it’s not foolproof. Even tenants with the best of intentions can be late on the rent,and despite your best efforts to build a good relationship with tenants, thatrelationship can still go south. The reality is that no matter how good of a landlordyou may be, there will still probably come a point in your career where you need toevict a tenant.

When that time comes, you need to understand the proper process for doing so.

Introduction


Staying LegalIn order to end a lease agreement prior to itsexpiration date, there are certain legalprocedures that need to be followed.Straying from that process not only couldresult in you losing your eviction case butcould also cause you to be brought to civilcourt and could result in you losing yourreputation.

First, it’s important to determine whether youeven have a basis for evicting the tenant inquestion. Most eviction cases are due to thetenant failing to pay the rent on time, but there could be other reasons for evictinga tenant, such as:

ØBreaking specific rules of the lease, such as guest limitations, noise restrictions,pet rules, etc.

ØCausing significant damage to the property.

ØStaying on the property following the expiration of the lease; this is known as aholdover.

Ø In most states, landlords are required to provide tenants with notices of anyminor infractions along with a sufficient amount of time for correcting thoseissues before eviction proceedings can begin. Landlord-tenant laws vary amongstates. If you fail to provide your tenant with a warning, it is entirely possiblethat a judge could side with the tenant if the case ever makes its way to court.

Once you have determined that you do have a legal basis for evicting the tenant,the next step is to ensure you are familiar with the Landlord and Tenant Act. Thisact sets out the legal process that must be followed for evicting tenants. If you misseven a small part of this process, not only could you lose your own case, the tenantcould actually have grounds for suing you in civil court.

Legalities


Consider Whether You Really Want to Evict

Everyone is human and makes mistakes.Even tenants with the best of intentionscan have money problems and fall behindon the rent. Following through with theeviction process can be time-consumingas well as expensive for a landlord. If youare concerned that the court might notside with you or if you would like to avoidthe expense and hassle of the evictionprocess, consider trying to reason withyour tenants. This could be particularlyhelpful if this is the first time you’ve had a problem with your tenants. You might besurprised at how much success you can achieve by simply having an understandingbut firm conversation with your tenants about the issue at hand. If this doesn’t work,you may have no choice but to pursue eviction, but it is certainly worth a try.

Providing Notice of Eviction

In most states, landlords are required to provide tenants with written notice beforefiling for an eviction.

Types of Notices

The terminology tends to vary among states, but there are three types of terminationnotices that landlords may provide to problematic tenants.

The Eviction Process

513 Key Considerations to Evicting a Tenant

Pay Rent or Quit NoticeThis type of notice is used when the tenantfails to pay the rent. The tenant is providedwith a specific timeframe to pay the rent orvacate the property. It’s not uncommon forlandlords to run into problems by acceptingeven a partial payment during this phase ofthe process. In many jurisdictions, even apartial payment of rent, regardless of howsmall, could result in the eviction case being dismissed. If your tenant is behind onthe rent, take care not to accept even a partial payment or you could find yourselfin trouble and at risk of losing your case even if the tenant fails to pay the remainderof the rent.

Cure or Quit Notice

This type of notice is usually given when a tenant has violated a term of the leaseagreement, such as no pets, making excessive noise, or exceeding the maximumnumber of guests. The tenant is usually given a set amount of time in which tocorrect the violation or face an eviction lawsuit.

Unconditional Quit Notice

With this notice, the tenant is ordered to vacate the property without the chance topay the rent or correct a violation of the lease agreement. Unconditional quit noticesare only allowed in most states when the tenant has violated a clause of the leaseagreement repeatedly, been late with the rent on more than one instance, causedserious damage to the property, or engaged in illegal activity.


Eviction Notice without CauseA 30-day or 60-day notice to vacate may also be used for ending month-to-monthrentals even in cases in which the tenant has not actually done anything wrong. Thistype of notice is not allowed in many rent control cities. In such cities, the landlordis required to provide a legally valid reason for evicting tenants.

If you are required to provide the tenant with time to correct the relevant issuebefore filing for eviction, the notice must state this amount of time. Your noticeshould include the date of delivery, as well as the timeframe for correcting theproblem (if relevant) and the date the eviction will be filed. The notice should eitherbe hand delivered to the tenant or left posted on the front door of the property.

Should You Hire an Attorney?

When preparing to file for eviction, many landlords often wonder whether theyshould hire an attorney. If you own multiple properties, you might find it beneficialto have an already established relationship with an attorney. Your attorney will beable to advise you of issues related to eviction as well as handle any legal actionsrelated to possible evictions. In fact, you may find that you save money by paying aflat fee for certain legal tasks rather than hiring an attorney on a case-by-case basis.

It’s also important for landlords to be aware that landlord-tenant laws can vary,oftentimes significantly, among states as well as jurisdictions. Additionally, if youmanage properties that are government subsidized, you may be restricted byadditional federal or state regulations.


Filing for EvictionIn the event that you are required to provide the tenant with notice, you may file theactual eviction the morning following the expiration of the waiting period. This canbe done at your local courthouse. Be aware that you will need to pay a fee to beginthe eviction process. After the paperwork has been completed, the clerk will provideyou with a hearing date. Your tenant will be notified by the court.

Be aware that tenants may also mount a defense. If your tenant elects to do so, itcould add significant time to the eviction process. Tenants could highlight mistakesmade in the notice of eviction itself, in the way the notice was delivered, etc., all inan attempt to have the case dismissed or delayed. Your previous relationship withthe tenant could also be called into question. For instance, if you have retaliatedagainst the tenant or if the tenant can prove that your unit is uninhabitable, yourchances of winning your case could be seriously diminished.


Preparing for CourtPrior to your court date, it is important that you takethe time to prepare for the hearing. This includesgathering any supporting documentation you mayhave, such as copies of written notices, the leaseagreement, bank statements proving missed rentpayments, and any communication you may have hadwith the tenant. One of the most common mistakesthat many landlords make when an eviction case goesto trial is failing to have sufficient evidence. Make sureyou do not lose your case due to this. You should alsoprepare your statements to the judge so you will feelcomfortable on the day of the hearing.

Bear in mind that during the actual hearing, you and the tenant will have anopportunity to speak. The judge will then arrive at a decision to continue the evictionor decide in the favor of the tenant, allowing him or her to remain on the property.If the judge decides in your favor, you will be provided with instructions for eviction.


Evicting the TenantFollowing the hearing, if you have won thecase, the tenant will be provided with aspecified amount of time for leaving theproperty. In some states, tenants may berequired to vacate in less than 48 hours.Other states allow a maximum of five days.This time period varies among states, sobe sure you are aware of what your stateallows. If the tenant has not vacated theproperty within the specified amount oftime, you will need to arrange with your local sheriff to visit the property. The sheriffwill remove the tenant, and any personal possessions of the tenant will be placedoutside the property. This is a good time to inspect the property for any possibledamage. Take photos to document any damage. If there is damage, you could bringthe tenant back to civil court.

How to Collect Past-Due Rent

Keep in mind that just because you have successfully evicted a tenant, that doesnot necessarily mean you will automatically receive the back rent owed to you. Insome small claims courts, you may be able to combine an eviction case with a smallclaims lawsuit, which will allow you to sue the tenant for back rent.


This is not the case with all local courts, which means if your court does not allowthis, you will need to file a separate case.

In the event the judge makes a determination that you are owed past-due rent bythe tenant, you will receive a judgment, which is basically a court order. This courtorder can be provided to your tenant’s employer, forcing the employer to garnishthe tenant’s wages. You will be paid before the tenant is paid.

Beyond garnishing a tenant’s wages, another option would be to garnish his or hertax refund. You could also use a private debt collector, which will help you to collectyour unpaid rent and ensure the debt is reported to the credit bureaus so that otherlandlords can be made aware.


Avoiding Evictions in the FutureRegardless of the reason, evicting a tenant can be time-consuming as well asexpensive. It can eat up resources that could be dedicated to other parts of yourbusiness. The best way to handle an eviction is to avoid it in the first place. Themost effective way to do that is by screening prospective clients before they evermove into one of your properties. VerticalRent offers a comprehensive tenantscreening service that allows you to gather all of the details you need about anapplicant so you can make an informed decision. Find out what you need to knowabout an applicant’s financial history with tenant credit reports while ensuringapplicants do not have a criminal history and have not been evicted elsewhere withbackground and eviction checks.


ConclusionKeep in mind that it is imperative that you do not attempt to self-evict atenant. Removing the tenant’s belongings, changing the locks on the door,or shutting off the utilities are all examples of attempting to evict the tenanton your own, and such activities can have serious legal repercussions. The

tenant could even sue you. If you have a problem tenant, whether he or she is notpaying the rent on time, failing to follow the rules, or damaging the property, youcould have serious grounds for eviction, but it is important to follow the legalprocedure in your state for evicting your tenant.

13 key considerations to evict a tenant

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