How To Legally And Effectively Evict Your Tenant
Every landlord has at least one tenant who they have had to evict at some point. Tenant eviction is a stressful process that no one wants to go through; but there are times when there is no other option. This article tells you how to legally and effectively evict your tenant and hopefully saves you a lot of wasted time, grief and energy.
Before we get into the steps of how to evict a tenant it is important that you understand that you need to follow your lease to the letter and that you also hold your tenants responsible to the term of that same lease. If you follow the lease agreement, and they do not, then you have grounds begin a legal eviction.
Step 1- To begin you will need to do research into both your lease and local laws. When looking at your lease it should comply with all local laws and should spell out all the terms on how the tenancy will occur. One problem you might face with your lease is that most leases are general and do not have specific clauses that help you in the case of eviction.
While you cannot change the lease after someone has lived in your property and you are now trying to evict them, you can save yourself a lot of time and trouble in the future by going to a real estate attorney first who can help you draft an appropriate lease agreement before you rent or lease to anyone.
Step 2- The first step in the eviction process is to give your tenant written notice that informs them that you are planning on terminating their tenancy with a document called a Notice to Quit (which can be found online at rate-a-renter). The procedures do vary depending on your town, so make sure to check state and local laws.
Step 3- After delivering the Notice to Quit, you need to check back to ensure that the tenant has complied with the terms presented to them. If the tenant has either not moved off the premises or has not corrected the issues contained within the document, you need to file an eviction lawsuit.
Make sure that you keep all documentation of any paperwork that you have served the tenant and any other information including conversations with the tenant. Other information to keep includes: records of payment, repair bills, photographic evidence of damages, and copies of Notices to Quit. If this is your first eviction, you might want to hire a real estate eviction attorney to consult with.
Step 4- Never do a self-eviction. This can be dangerous and could cause you legal trouble. Self-eviction actions include changing the locks, cutting the power and water, and removing the tenant's property. Always follow the law not matter how frustrating it is and you will come out on top.
About the Author
Cathy Taylor is a marketing consultant and freelance writer and can be reached at creativecommunications@cox.net
(ArticlesBase SC #2003070)
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