October 15, 2018

You have some tenants that refuse to move out. Now, you must go through the process of eviction.

This is not anyone’s idea of a good time, but when it comes to your rental property, you have to do what’s best.

The preparation process of eviction is the most important. It’s what will help you get the power you need to get your tenants out as soon as possible. The following will help you prepare for it. 

Grounds for Eviction

There are many reasons you may need to evict someone, but these are the ones that can result in an eviction.

  • The tenant has failed to pay rent after several attempts at collecting.
  • The lease has expired, and the tenants refuse to leave.
  • The tenants cause major damage to the property.
  • Rules have been broken that were detailed in the lease agreement.

You must give tenants a warning first. It’s best to do a certified letter they need to sign for, so you have documentation the person received it.

Review the Landlord and Tenant Act

Every state is different, so look up your state’s attorney general’s website to the Landlord and Tenant Act.

Read this act carefully. You must follow it in detail. The judge will throw your case out of court if you miss a step in the eviction process.

You can ask for help from an attorney if you want to make sure you’re not misunderstanding or missing any steps.

Let the Tenant Know

Most states require you to inform tenants you are going to evict them. You need to provide them with written notice, and this is usually within three days of starting the eviction proceedings.

The notice must include:

  • Date of delivery
  • The timeframe of when the tenant must respond
  • Date you will file the eviction

You can hand this to the tenant or leave it at the front door. It can also be delivered by a certified letter.

File the Eviction

If there is no response from the tenant, you can move forward with the eviction. Simply go to the local courthouse and ask to file an eviction. There is a fee and paperwork that must be completed.

Prepare for Court

You need to bring all the evidence and documents you have pertaining to the case. This includes your notices and signed lease agreement. Bring statements or bounced checks if that is the issue.

Spend some time thinking and rehearsing what you will say to the judge. Simply state the facts because the judge will not want to hear anything other than what the problems are, and what you did to try to solve it. Be detailed but concise in stating your case.

Final Tips for Preparing for an Eviction

The eviction process can be stressful, but once you do it a couple of times, you won’t feel so overwhelmed by it. All you need to do is make sure you have made every attempt possible to solve the problem outside of court. If you can’t solve it and you have proof you couldn’t, that’s when you can file for eviction.

Take a deep breath and start with the notice. Hopefully, the tenant will respond positively. If not, you know you’ll have to move forward with the eviction.

If you liked this article, subscribe to Rentometer's email newsletter to stay up-to-date on the latest trends in rental housing.