As a landlord or property owner, the last thing you want to do is evict a tenant. It is not only stressful, but it can be extremely costly. Unfortunately, sometimes you’re left with no other option but to evict someone for not paying rent. If you’ve never evicted anyone before, this article will provide an excellent basis for how to process handling a tenant eviction.

Why You Should Try to Avoid Eviction

Even if you win the eviction, you’ve lost thousands in legal fees and lost rent. Before you start the eviction process, consider the potential loss of rent for few months, the cost of hiring an attorney, and the cost if the tenant contests the eviction. 

Being diligent about who stays in your property is a feasible way to prevent eviction proactively. Carefully screen all applicants and reach out to old landlords to better understand what type of tenant they are. Make sure they ended in good standing at their last location. Check their credit score and verify their income. If they are late on their rent payments, be firm with them and set a precedent. By not allowing them to get behind on rent, you’re helping them avoid eviction. That said, even this plan isn’t foolproof, and you may end up with a troublesome tenant regardless.

Research the Laws in Your State

The laws regarding eviction vary between each state. How you proceed with your eviction should be based on how your state outlines it. This article is simply a general guide surrounding evictions. Your process may look different based on your requirements. In most states, the process of eviction should only take about a month. If your property is in a tenant-friendly state like Vermont or Oregon, this process may take longer. 

What You Should Do Before Filing Eviction

Eviction is stressful and expensive and generally something you want to avoid at all costs. If possible, there are a few things you can try to avoid eviction and resolve everything outside of court. Especially if this is your first time dealing with an eviction, this is the best route. There are a few things you can do to help avoid eviction with your tenant. 

Establish Open Communication

If your tenant is late on rent, simply reach out and talk to them. More times than not, they probably have a good explanation, and everything will resolve itself. Sometimes people just forget, and all they needed was a reminder. Opening up that line of communication early on can also make it easier for tenants to approach you if there is ever an issue with paying. 

Use Mediation

To avoid having to go through with an eviction, try to resolve the issue together. Approach it in a way that is fair and equitable to both parties. 

If that doesn’t work, it’s time to consider an eviction based on the process you outlined in your tenant lease. 

Research the Laws in Your State

The laws regarding eviction vary between each state. How you proceed with your eviction should be based on how your state outlines it. This article is simply a general guide surrounding evictions. Your process may look different based on your requirements. In most states, the process of eviction should only take about a month. If your property is in a tenant-friendly state like Vermont or Oregon, this process may take longer. 

Should I Hire an Attorney to Handle the Eviction?

In most cases, especially if you are just starting in real estate, getting an attorney to handle the eviction is your best move. You want someone who knows the state laws on your side. Some states even require you to hire a lawyer. Before trying to tackle an eviction without an attorney, consider the following:

Your Level of Knowledge and Experience

How well you know the eviction process and your level of experience with it is also something to consider. Unless you know what you are doing, you should not walk into court alone. Once you have gone through the process a few times, you may be able to handle it without an attorney, but certainly not the first few times around. 

State and Local Laws

Check your state and local laws to see what the requirements are for you. You may be required to have an attorney involved in the eviction process.

How Much Does an Eviction Cost?

The state-required legal fees involved with eviction cases are generally not too high. They usually range within a few hundred dollars. The actual cost of eviction is the rent lost while dealing with the eviction and the fees involved with hiring an attorney. Not only will you lose several months’ rent plus possible damages to the property, but you’ll also dish out anywhere between $1,500 to $3,000 on your attorney.

How to Evict a Tenant: A Step-by-Step Guide

If your tenant has refused to pay or cannot do so, it’s time to start the eviction process. 

Step 1: Post or Deliver the Eviction Notice

The first step in evicting a tenant is to hand-deliver the written notice of eviction to the tenant, letting them know what is happening. The type of notice you serve depends on your state and the reason for eviction. You should also refer to local laws regarding the timing requirements of this notice.

Pay or Quit Notice: If your tenant is being evicted for past due rent, you will serve them a “Pay or Quit” notice. This notice gives them a certain number of days depending on state laws to pay the rent, or they will be evicted. The notice should also include the rental amount due, along with any late fees or penalties. 

Notice to Comply: If your tenant is being evicted for other reasons, such as violating the terms of their lease, this notice states that they have a certain number of days to rectify the situation or else be evicted. 

Be sure to follow your own state’s rules regarding how and when you can serve these notices. Every state varies, and you don’t want to get caught up in legal trouble regarding this. 

Step 2: File for Eviction

If the minimum number of days has passed and the tenant has not made attempts to pay or rectify the situation, it’s time to move forward with the eviction lawsuit. If you hire an attorney, they will take over the eviction proceedings. Be sure to give your attorney:

• A copy of the tenant’s lease with all addendums
• Additional disclosures
• Copies of any notices that were served, along with when they were served
• Rent ledgers
• A summary of the situation
• Any relevant communications with the tenant, such as text or email

If you are not using an attorney, you will need to file an “unlawful detainer” lawsuit at your local courthouse. Once filed, you and your tenant will receive a hearing date. If you are using an attorney, they will be the one showing up in court on this date. In most states, the landlord or attorney is the only party that is required to attend. 

Step 3: Attend the Court Hearing

When the court date comes, either you or your attorney will need to be prepared. Make sure to bring:

• The lease agreement
• Any written communications between you and your tenant
• The tenant’s original application
• The notice paperwork
• Any written documentation of everything you’ve done so far in regards to the grievance and eviction
• The lawsuit

Often, since the tenant is not legally obligated to show up to court, they will not. If this happens, you are most likely going to win the case. Sometimes, the judge will force a second hearing if they need more information or time to decide their ruling. 

If the tenant does show up, the judge will hear both sides and rule in someone’s favor. If you win, a judgment will be issued against the tenant for the amount of money owed in rent, plus additional fees, late charges, and back rent. If the tenant won, you would have to start the process all over again. 

Once you win, the court will provide a “Writ of Possession.” This is the ruling that possession be turned back over to the landlord. The court will also give the tenant an appointed date to move out or be physically removed. The time they have to pack and move out varies from state-to-state. Some time frames are as short as 48 hours, others as long as 6 days. Your writ of possession gives you the legal right to remove the tenant after that period of time. It also protects the tenant during the length of time to move ordered by the court. 

Step 4: Schedule with the Sheriff

After you win the case, you should take the writ of possession to the Sheriff in your town. They will deliver the writ of possession to the tenant anywhere between 10-40 days after the court’s decision. At this point, the tenant should already know the date they need to move out by. This is just an official notice stating that their contents will be removed at a specified date and time if they are not out. 

Step 5: Lock-Out Day

In a perfect world, the tenant will have already moved out with no issue in the days before their eviction date. That being said, they may still be there and will not be very happy. That is why law enforcement will be there should the need arise. They will not help remove anything, but they will help keep the peace and get the tenant out of the unit if need be. 

You should also be on-site ready to go with a locksmith. Have them change the locks on the same day as the eviction. The last thing you want is for a disgruntled ex-tenant to have the key to the place. It serves as both safety for you and for the next tenants to live there. 

If the tenant has left anything in the unit, do not touch it until you know your state’s laws regarding handling their possessions. Even though they are on your property, they are also someone’s belongings. If you get the go-ahead from your attorney or law enforcement, have movers take everything and put it on the curb. Hopefully, you and your old tenant still have a good enough relationship where you will be able to let them know where to pick up their possessions. Just in case, take a video of everything to protect yourself from any legal action. 

What Not To Do During The Eviction:

Plenty of landlords take evictions into their own hands and end up with a lawsuit. Not following proper eviction procedures can quickly get you into trouble. Here’s what you should avoid doing during the eviction of your tenant:

• Do not lock your tenant out of the property. Until the writ of possession states that the property is turned over to you, you are legally not allowed to lock them out. The only time this is acceptable is if the court approves it. 
• Do not remove your tenant’s belongings from their property before the official eviction date and time. Even if it looks like they have moved out, leave everything alone. If you remove any of their items, they could take legal action. 
• Do not harass your tenant. Regardless of what has happened, it looks bad on you as a landlord, and it looks even worse in court. At the end of the day, we are all human beings. While you have your business to worry about, please remember that this is also someone’s home that they are being evicted from. Stay professional. If you feel like you can’t interact, use your attorney.

Summary

Not every tenant you threaten to evict will end up going to court and costing you thousands of dollars. Most will happily work with you and communicate to avoid going to court and losing their home. The best thing you can do is establish open communication with your tenants as a landlord. Ensure they know that they can talk to you if something is going on and are unable to pay rent. Having a good relationship will help avoid miscommunication and hardship. If you speak with your tenants and try to mediate a way out of eviction and still cannot, be prepared for the process. It’s expensive and lengthy. Nobody likes doing it. Do your best to maintain a positive relationship with your tenant throughout this process. It may help you avoid them causing any damages when leaving or refusing to move out at the time ordered by the court. The best-case scenario is that you win, and they leave quietly and respectively. It’s not fun evicting a tenant, but it is inevitable. The best thing you can do for yourself is be prepared for when it happens.