How to Evict a Tenant from a Rental Property?
Tenants eviction : sometimes, despite their stringent application and screening process, homeowners still experience the undesirable.
In other words, they end up having troublesome tenants.
If this should be the case for you, then evicting such problematic renters may be your last resort.
Why You May Need to Consider Tenants Eviction
A few reasons may necessitate evicting a tenant.
Nonpayment of rent is the most common reason that many landlords often consider tenants eviction.
Other reasons for evicting tenants are a breach of the rental agreement or lease terms, damage of the rental properties, and use of the rentals for illegal activities.
However, there are cases where you may just want to evict the tenants even when they have not done anything wrong.
For instance, you may need the property for personal use or a relative.
Starting the Process of Tenants Eviction
If you are evicting a tenant for the first time, the process involved may look like a herculean task to you.
This is because you may be unsure of the availability of any landlord rights that you can take advantage of.
Fortunately, there is a streamlined eviction process that ensures that you do not have to waste time on it.
Different states have various laws, so you must make inquiries about the specific laws for your state.
You need to be certain that you adhere strictly to the laws for successful eviction of your tenants.
Even if you are dealing with a renter who owes rent or has caused lots of damage to your rentals, you must still adhere to the rules.
Taking the matters into your hands will be of several advantages for the tenants.
You may be forced to pay fines or face other charges that may affect the whole eviction process.
Therefore, you should obtain a court order first before doing anything related to evicting the renters.
To start the eviction, it is important for you to give the tenant a written eviction notice or notice of eviction letter.
One important tip for a tenant who does not want trouble is that he or she should comply.
The tenant may respond by moving out, paying the owed rent, or putting an end to the violation.
Nevertheless, you will need to take further steps if the tenant does not respond appropriately after getting the eviction notice.
In such a case, you have to file an unlawful detainer lawsuit which is also called an eviction lawsuit.
Tenants Eviction Notice for Cause
If your tenant has no wrongdoing, you may have to give one of the three primary types of eviction notices available.
Notably, there are differences in the criteria and names of these notices in different states. However, they are still basically the same.
These three types of eviction notices are:
- The Pay Rent or Quit Notice: This notice is for when you have a tenant failed to pay their rent. With this notice, the tenants get a notification to pay up their rent or move out. In many states, you will give the tenants about three to five days to pay their owed rent.
- The Cure or Quit Notice: This notice is for tenants that have breached any of the terms or conditions of the lease agreement. For instance, you can the Cure and Quit notices to a tenant who keeps a pet in a rental property with a no-pet clause in their lease agreement. Typically, the tenant will receive a notice to stop the violation and make corrections or pack out.
- The Unconditional Quit Notice: The notice demands that the tenant should move out of the rental property. The notice does not offer the tenant a chance to make any correction or pay the rent owed. However, in lots of states, there are restrictions to situations that the unconditional quit notice can be used. These situations include recurring violations of lease term, serious damage to the property, and carrying out illegal activities on the properties.
Eviction Notice without Cause
Even without the renter doing anything wrong, it is possible for you to decide to terminate a month-by-month tenancy.
Perhaps you are finding tenants to replace the existing ones or simply need the rental property for personal use.
Whatever the case may be, you have to notify the tenants of your decision.
You need to send a 30-Day Notice to Vacate or a 60-Day Notice to Vacate to the tenant.
The duration is based on the laws in your state. If there are rent control regulations in the place where the property is, you may need to provide a reason for such an eviction.
Contents and Delivery of the Notice
Although there are templates online, the contents of the eviction notices are different from one state to another.
So, you should rather look for the one that belongs to your state to get the information needed.
In terms of the delivery of the notice to your renter, each state also has specific methods of doing so.
You should adhere to the requirements regarding delivery because any mistakes can hamper the whole process.
The tenants’ eviction lawsuit
Sending the eviction notice to the tenants will not have any effect in many cases.
So, the eviction process will require filing documents for an eviction lawsuit.
After filing the document at your local courthouse, the court will send the eviction complaint and summon to the tenant.
After winning the lawsuit, the court will give you an order to possess your rental property.
Nevertheless, even after getting the court order, homeowners should avoid self-help eviction.
They should rather require the services of their local marshal or sheriff to carry out the eviction.
The marshal or sheriff has the legal authority to physically pack out the belongings of the tenants out of the rental property.
To avoid this time-consuming eviction process, you need to start off the landlord-tenant relationship on a good note.
If you would like to get any help as regards your eviction process, speak to us at Reneza today.