How to Evict a Tenant

In all my years of tenants and rentals, I have only had to evict one tenant. (Knock on wood). It is something you hope you never have to do but the reality is, if you have many rental properties you will probably have to evict one in your time. With that said, there are some precautions you can take to increase your success rate of not having to evict a tenant and some tips to use if you have to evict them. You can find these below.

Tips to Increase Your Chances of Having a Great Tenant:

1.  Do credit and background checks
   1. Some resources to do credit and background checks can be found here, here, and here.
2. Check resources. Call their past landlords.
3. Meet them in person. Never sign a lease site unseen.
4. Never except Cashier checks
5. Get at lease first months deposit up front

Now, sometimes, you try to protect yourself and you still have to evict.

How to evict a tenant

It is recommended you work with a property manager or a real estate lawyer to evict a tenant. Laws vary by state and you want to make sure you have everything in order. The last thing you want is your tenant countering your claim.

Do not lock out or freeze out a tenant. It is illegal in every state. Follow your state laws on the proper eviction process.

1. Have all documentation
   1. Have the original signed lease agreement
   2. A record of all incidents that led to you evicting them. Non payment, late payment, etc.
   3. More on a tenant eviction checklist.
2. File an eviction notice
   1. There are several eviction notices a landlord can use including a nonpayment of rent, fixing a violation, an unconditional notice, 30 day 0r 60 day notices, etc. More information on forms.
3. File an eviction action in the local court
   
   1. At the end of the notice period, if the tenant has not fixed the problems or moved out, you can file an eviction action in the local court. Important: The action has to be served in a way defined by the law on the tenant by someone other than the landlord. Check your local laws to make sure all papers are filed correctly.
4. Removal of the Tenant
   1. If the tenant doesn’t file an answer with the court within the defined time on the papers, you then can have a local law enforcement officer remove the tenant if the tenant is still not gone after an x number of days the officer gives notice.