How To Handle Evicting Tenants

It's the scorn and migraine of every landlord or property management owner. Evicting tenants. So if you must evict any tenant, you had better know the eviction laws of your state. There are proper procedures to follow in the eviction process of removing a tenant, and his or her possessions from any type of rental property. First, you, as the landlord, owner, or property Management Company must have a knowledgeable reason to evict. The usual suspects are non-payment of rent, health reasons, safety problems, noise violation, and violation of other lease terms the tenant signed. Once again, it's important that you remember landlord laws as set forth by your individual state so you don't become the annuitant of a sour grapes counter-claim law suit by the tenant.

Most states require proper notice to evict. The usual requirement is 30 days written notice that you are terminating his or her tenancy according to local and state eviction law procedures. In that written statement of fact it should be real clear that the tenant will be facing eviction or worse penalties if they do not comply on or before the deadline stated in the termination notice. You can purchase legal forms at most stationary or office supply stores, or you can write your own form using guidelines easily found on the internet. You can serve the notice to the tenant in person along with a witness who can verify service was made. Record the date and time, be civil, quick, and act in a professional manner even though you should be cognizant that the tenant may be rude, call you names, perhaps even threaten you, so don't hang around, and do any verbal counter punching. Some landlords or owners prefer to mail the eviction notice certified mail, return receipt requested, to avoid any tenant confrontation.

Occasionally, evicting tenants requires the use of a real estate lawyer. However, only if the tenant hasn't complied with the notice. Make sure you bring all pertinent documents when meeting with any lawyers. Actually, some property management companies consult with a lawyer prior to notifying any tenants of eviction to make sure all the documents are in order, and the company has complied fully with state and local eviction law. Nothing worse than making a grievous error in paperwork that would leave the door opens for the tenant to come back with leverage. All this sounds like a horrible experience, but sometimes a tenant can violate the rental terms and agreement so many times a landlord has no other choice but eviction.