All posts tagged eviction

You’ve purchased a rental property, set up your property management software, and properly advertised your vacant rentals so all of your units are occupied. Now, you have a tenant that is causing you some problems by not paying their rent or violating the lease in some other way. Unfortunately, there may come a time in your life as a landlord where you are faced with the daunting task of evicting a tenant. This option should only be considered when you have tried and failed to rid yourself of problem tenants, have no other alternatives, and you need legal clout. Before you start this process, please note that state laws vary so you need to check with your local jurisdiction to make sure you do everything by the book.

Everyday your tenant remains in your property without paying rent costs you money. If the rent is $1000 per month, each day without rental income costs you over $33. This is money you will never be able to collect. So it is important that you act quickly. These steps should help you keep your head about you and provide some information about what to expect in an eviction.

The Notice – Every legal eviction must start with a notice to your tenants advising them of your intentions. The purpose of this notice is to inform your renter that they are in violation of their lease. If your tenants fail to bring current all past due rents, late charges, and penalties owed, or vacate the premise within 3 days you, the landlord, will be forced to file a Forcible Entry and Detainer.

The notice must be properly filled out and properly served. This is a fairly straight forward process and because of this, you can represent yourself as the landlord in eviction cases. However, if the property is held by a corporation or limited liability company, you will need an attorney to represent you in court. The notice must include the number of days the tenants have to comply, the tenant’s names, the names of any adults living there, the address of the rental, the amount of rent due, the period for which the rent is due, the date of the notice and must be signed by the landlord. The local jurisdiction sets the minimum number of days tenants have to comply so be sure to double check. The standard is 3 days, hence the common term of “serving a 3-day notice”.

How to Deliver the Notice – The notice of default can be delivered in one of three ways. You can personally deliver the notice to the tenant, post the notice in a conspicuous place at the rental unit, or send a copy of the notice by mail. If you deliver the notice in person, it is best to do it with a witness in order to avoid the tenant claiming they never received it in court. If you mail the notice, you should send it via certified mail so there is a record. Alternatively, if you cannot or do not want do this yourself,  you can hire an intermediary to do it for you.

Waiting Periods – Most jurisdictions allow you to count weekends and holidays when determining the waiting periods for an eviction. However, the final day the tenants can pay rent, vacate the property or answer the complaint must fall on a business day for the courthouse.

Best Time to Serve a 3-Day Notice – If you are able to count weekends and holidays in the waiting period, the best time to serve the notice is either Sunday or Monday. If you delay until Tuesday, it will cost you at least 5 extra days in the entire eviction process. If you’re jurisdiction does not allow weekend and holidays to count, the days are all the same and there is no “best time”. If you are evicting a tenant for a violation other than non-payment of rent, the best time to serve the notice is right after the rent has been paid. Tenants will probably not pay their rent if they receive an eviction notice just before it’s due.

Interaction with Tenants – When interacting with your tenants, it is important that you do not harass them if or when they do not pay their rent. Stay as friendly as you can because they are still occupying your rental property. Your tenants may be able to catch up on their rent payments and continue on as your tenants. Even if the eviction proceedings are successful, you want to have to get them leave the rental without destroying it.

When the 3 Days are Over – If your tenants do not comply with the written notice, meaning they do not pay the rent or move-out, you need to go to the local courthouse and file an Unlawful Detainer lawsuit in order to evict the renter and regain possession of the property. They will give you a court date and notify your tenant. Both parties need to be present on the court date.

If your Tenant Decides to Mount a Defense – It may add weeks or months to the eviction process if your tenants fight the eviction. Some things your tenants can complain about include mistakes in the notice or eviction complaint, improper delivery of the notice, or they can even claim your rental is inhabitable in an attempt to delay or dismiss the case. If the case shifts to focus on the inhabitable nature of your property it may diminish your chances of victory.

What Happens if you Win – If you win the Unlawful Detainer lawsuit, the judge will grant you possession of the property and/or unpaid rent. The judge will also inform your tenant that they must move out of your rental property within 5 days. You must grant your tenants the allotted time to move out. Do not change the locks or restrict access to your tenants at this time as it is illegal and will negate your eviction victory.

If your tenants have not moved out by the fifth day, you need to return to the courthouse. At this point you will need to get a sheriff to go to the house and physically evict them. All items still in the rental will be removed and their belongings will be put out in the street. Once this has occurred, you can change the locks and get the apartment ready to rent again.

For more information about evictions check with your local apartment association. For continued reading, check out Nolo.com or Housing.org.