5 Steps to Managing an Eviction

Even the best owners of single-family rental properties, who have done their due diligence with tenant screening, may find themselves in a situation where they need to evict a tenant. If you do find yourself in that position, remember that owning rental properties is not a hobby, it’s a business. And in your role as a property owner, eviction is the unpleasant part of doing your job. No matter how great your property owner-tenant relationship may be, you simply can’t let them stay free of charge unless you want to lose money.

Sometimes, it’s as easy as asking the tenant to leave. Other times, not so much. In cases where the tenant won’t leave, you’ll need to start a formal eviction process. In that case, you’ll need to familiarize yourself with the following 5 steps:

1. Have a Valid Reason

In order to get the process rolling, you must have a valid and lawful reason to evict the tenant. Some acceptable reasons might be:

• Non-payment of rent
• Breaking local noise, occupancy or health ordinances
• Damaging the property
• Violating the lease agreement (having a pet when the lease prohibits them, subletting, etc.)
• Illegal activities
• Causing health or safety hazards
  

Keep in mind that you should document any and all claims against your tenant. The more proof you can show, the easier it will be to rule in your favor.

2. Serve the Eviction Notice

Hopefully, you’ve tried to reason with your tenant before starting the eviction process. However, if the tenant chooses to continue with the same poor behavior, you’ll need to dot all your I’s and cross all your T’s in the legal sense—starting with the “notice of eviction”. The eviction notice must meet strict requirements before a court will consider it valid.

Here are some guidelines to properly prepare and serve this legal document:

• Tell your tenant why they are being evicted and what they can do to prevent eviction, such as get rid of the pet, pay the rent, mow the overgrown field that replaced the front lawn, stop the loud parties, etc.
• Include a date when the grievance must be met and what will happen if it’s not, such as: remove pets by 11/30 or move out.
• Include all amounts owed including any and all fees.
• Tape the document to their front door in addition to sending a copy by Certified Mail / Return Receipt Requested with the United States Postal Service (USPS).
  

Often, just getting an eviction notice is enough to get the tenant back on track. If not, and the set amount of time to correct your grievance(s) has exceeded, it’s time to file an eviction lawsuit with the courts.

3. File an Eviction Lawsuit

Because of the time required and the necessity to follow steps precisely, many property owners opt to hire an attorney to file all legal documents. However, property owners have the option of going the DIY route, by providing the courts with the following information:

• Property owner name and address
• Tenant name and the rental address
• A copy of the signed lease agreement (lease contract)
• What condition in the contract was breached
• If evicting for nonpayment of rent: dates the rent was due and the amount owed, including all associated late fees
• If evicting for property damage or other damage: amount of damages and proof (pictures, receipts, etc.)

(In Nevada, when evicting for non-payment, you must file the original Five Day Notice to Pay or Quit and a copy of the certificate of mailing with the court. When evicting for cause, you must file the original Five Day to Perform or quit, a copy of the certificate of mailing, the original Five Day Unlawful Detatiner and a copy of the certificate of mailing with the court.)

4. The Court Takes Action

After filing for eviction, several things could happen:

• The judge rules in favor of the property owner and issues a court order also known as the Warrant of Eviction or Writ of Restitution.
• The tenant contests the eviction and an eviction hearing is scheduled for a future date.
• The tenant files an automatic stay which will extend the eviction a couple of days before the lockout can take place.

5. Eviction of the Tenant

If an eviction has been granted by the judge, the property owner or attorney provides the local law enforcement office with the court-issued Warrant of Eviction or Writ of Restitution. Depending on your state, the local law enforcement officer who handles the eviction could be a sheriff or marshal. The sheriff or marshal gives the tenant a notice that the officer will return within a number of days to physically remove them if not gone by the specified time.

After the law enforcer posts a 24-hour notice of eviction, two things could happen:

• The tenant voluntarily leaves (best case scenario) or
• The law enforcement officer physically removes the tenant from the rental property and removes their belongings, if necessary. The actual physical eviction typically takes place the following business day after the notice was posted.

While the second option is never the best option, it does occur on occasion and you should be prepared. Remember no matter how tempting, as the property owner, you still do not have the right to legally change the locks or physically remove the tenant. You must continue to follow proper procedures so you don’t find yourself in legal hot water.

No property owner enjoys being forced to go through the eviction process. If it’s any consolation, the eviction process is fairly straightforward and shorter than many other civil lawsuits.

Keep in mind that each state has different requirements and rules when it comes to tenant eviction. It’s important to follow the specific requirements set out by your particular state so that you don’t delay the process. Or worse yet, give tenants ammunition to use against you in the court of law by making unnecessary mistakes in content or delivery. Follow the rules to the letter and you’ll improve your chances of a successful eviction.