How to Evict a Tenant

As a landlord learning how to evict a tenant is a necessity. No matter how well you screen potential tenants, something is sure to happen that will require evicting a tenant.

Before leasing out your property review the local rental property law. Check with your local real estate investment club for experts in local laws.

All tenant eviction procedures have nuances based on local government real estate laws but there are basically two types of tenant evictions:

Non-payment of rent is the most common reason for evicting a tenant. The key to not losing your shirt as a landlord is to make sure that you don't buy the tenants excuses for non-payment. Make it clear in your lease that if payment is not received within 5 days of the due date that you will begin the eviction process.

Typically, for non-payment, many localities require that you provide the tenant a 72 hour notice to 'pay or quit'. If the tenant ignores that warning, it does not mean that you can enter the property and change the locks. You usually have to go to your local Court and file some paperwork.

You can find out what needs to be done often by talking to the clerks at the local Court. They may indicate what paperwork needs to be filed and the timing for a hearing. A local legal store may have the necessary forms for your location, such as a petition for eviction, a warrant or judgment.

If you are uncertain of what to do, hiring a real estate lawyer may be a good idea the first time you evict a tenant. Once you see it done, it is really quite simple learning how to evict a tenant. Just buy or create real estate forms necessary and cut and paste from the document that the real estate attorney created and file at the local Court. You will need to hire someone or get a friend to deliver the petition to the tenant once the Judge signs the order. It may take a week to 10 days to get on the Court docket.

The second type of tenant eviction is for 'hold-over'. Hold over can occur for any number of reasons. The tenant may be staying beyond the terms of the lease or may be ignoring a lease termination notice. Holdover is the way to get rid of a tenant if you no longer want them to lease your property. If a tenant violates some term of you agreement, you typically send a 30 day notice to vacate the premises. If the tenant stays beyond the 30 days, you begin eviction proceeding just as you did for non-payment.

At Court most Judges will sign the warrant to evict the tenant if your paperwork is in order. Often the tenants will not show and you will be awarded a default judgement. This does not give you the right to change the locks and through the tenants belongings to the street however. If the tenant does not willingly move (most will), you will need to bring the warrant to the Sheriff or Constable to have it enforced. In some locales this process may take 72 hours as well.

Even if you hire a real estate lawyer to do the work, you should become familiar with how to evict a tenant. Knowing the time needed to complete the process will make sure that you don't let things slide. Landlords, like most people, tend to shy away from confrontation. However, keeping a strict schedule for when you begin the process for how to evict a tenant will help keep you cash flow positive and reduce stress.

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