No one likes being the bad guy but there are times when we have to be. No where else is this more evident than when a landlord needs to evict a tenant. It is something that a landlord never wants to have to go through. Unfortunately, it sometimes is their only option.
It is important that know the process of what a tenant eviction entails in case you find yourself faced with the decision. There is the possibility that you could end up losing money or not being able to get the tenant to leave just by not following the proper steps and procedures. You could even end up being sued by the tenant for poor treatment.
Ideally, tenant screening efforts would weed out all problem tenants. There are times, however, when we find ourselves dealing with occupants who do not pay their rent on time or are constantly a nuisance to you and your other tenants. When these unfortunate cases arise, you need to be aware of everything you need to do for a smooth and quick process for both sides.
- Have documentation – Before you do anything, make sure you have a paper trail full of documentation stating the reasons why you are evicting the tenant. This is essential if the tenant contests the eviction, refuses to leave, or tries to file a discrimination claim against you. Have the initial rental application, the signed rental agreement, and a record of the incidents which led to your eviction decision.
- Why the tenant was evicted - You should provide your tenant with a written notice of why they are being evicted. Keep at least two copies of this notice: one for the tenant and one for your records.
- Inspect the property – You’ll find that some tenants will trash the property as a way of “getting back” at you. Before the tenant officially leaves the property, schedule and do a walkthrough of the apartment. You need to give your tenant at least 24 hours notice before proceeding with your walkthrough. Keep careful notes of the condition of the rooms. It is a good idea to take pictures. All of this will help you in withholding a security deposit for any damages that occur when a tenant is evicted.
- Make it legal – This one is very important to cover your rear end with any liability issues. You have to make sure the eviction notice complies with all respective state and local landlord laws. Eviction notices have to be drafted exactly as required by law. Failing to follow it to the letter of the law might nullify your eviction attempt.
- Amount of notice – It is important for you to allow the required amount of time by law before proceeding with the eviction. That length of time depends on the state you reside in since it varies by state. The normal and accepted period is 30 days from the date of the eviction notice to the last day of vacancy. However, there are some states which only require 72 hours notice in the case of nonpayment of rent. Check your state laws before serving a notice to ensure that you are in compliance.
- Security deposit - If your property is damaged in anyway, or if the tenant owes back rent, you can refuse to reimburse their security deposit. Be sure to include a provision within your lease agreement about their security deposit if something to the apartment were to happen. This allows you to keep it without any confusion.
- Do a post-eviction walkthrough - Once the tenant has vacated the apartment, you should perform another walkthrough through the property. Utilize the notes and pictures you took on previous walkthroughs to help you determine if there is any damage and the extent of it.
Source: http://www.ArticlePros.com/author.php?Joel Simkhai
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