How Do I Evict a Tenant?

By Edward Jules Goodman

There are lots reasons why you, as a landlord, may need to evict a tenant, but regardless of the reason, the process is the same: eviction. Eviction is the legal process (technically a lawsuit) in which a landlord asks the court to order a tenant to leave the rented property.

Tenant eviction can be a fairly straightforward process as long as you know and follow the rules. Since each state is different, you should talk with a real estate attorney in your area who is aware of eviction and ejectment laws in your state. Here, though, are some basics to know in the meantime about the eviction process:

Consider Retaining a Lawyer: If you are in the business of renting several properties, you may want to consider retaining a lawyer for your landlord-tenant and lease disputes. Retaining an attorney upfront to represent all of your landlord needs often costs less when an eviction situation occurs than hiring an attorney on a case by case scenario.

Don't Accept Partial Rent Payment: When trying to evict a tenant for nonpayment of rent, accepting any amount of partial rent negates your ability to begin eviction proceedings. It might be tough, but if you're serious about starting the eviction process, you need to refuse partial payments.

Keep Meticulous Records: Good record keeping is a good practice for landlords because if you ever wind up in court, documentation can help your case. Record keeping is particularly helpful in cases where you want to evict a renter who is in violation of the lease. Every interaction you have with your tenant should be documented in writing. If you verbally warn your tenant, you need to give it to them in writing as well. In the letter, give them clear guidelines about their offense, how to correct it, and the timeline in which you expect it to be corrected. Welcome them to respond to you in writing.

If your renter incurs extensive damages to the rental property that, under the lease, the renter ought to pay for, take pictures of any damage and receipts of any work that was required to be done.

Have a Solid Lease Agreement: A tenant or the court system may find holes in your lease agreement that leave you stuck with a tenant that you're less than fond of. To ensure that you don't get stuck with a delinquent tenant, make sure that your lease agreement is rock solid. In other words, you should probably hire an attorney to help you draft your lease. Once the attorney helps you draft the lease agreement, you can alter it depending on the rental situation, but the job of an attorney is make sure the language of a lease is clear and that the lease is thorough. Better to pay money upfront to an ally than to lose money to a crummy renter later.

When you have strong leases, thorough documentation, and know the statutes that govern the eviction process in your state, you can begin eviction proceedings with confidence. The aid of an attorney will give you the assurance that they'll be successful.

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