Tenant eviction problems are just that. A problem that nobody wants to face, but if you own investment property, at one time or another this will come up. This can be an easy process with a few simple steps or it can be a very long drawn out process. Either way it must be done.
From day number one when the tenant moves in be nice and very friendly with them. Do not be aggressive and dictator-like. Offer to help them with whatever you can. Be their friend and their neighbor. The old saying goes, that a pound of honey buys more than a jar of lemons. When it comes to evicting tenants, you do not want to run into a long drawn out legal battle.
Why are you evicting the tenant:
First rule of thumb must be for you to document, why the tenant must go. If you have sold the house and merely want the room vacated, it is different from the tenant not paying the rent. Many foreclosure sales have a huge problem with evicting tenants. The tenant realizes the owner is not making payments, so sometimes the tenant refuses to pay also.
The new owner buys the property and the tenant refuses to move. What can be done? Does the new owner go to the legal process or does he simply pay the tenant to move. In many foreclosure cases, the owner will pay the tenant some "pocket money" to vacate the property quietly and without damaging the property.
If a tenant is forcibly evicted, he will leave the property in bad shape many times. If the tenant is being evicted for lack of payment and breaking his lease, then your options are easier.
1. Give the tenant notice in writing to leave the property in thirty days.
2. If he refuses to leave you can get a company or attorney to send him to court and face a judge.
Most companies for a percent of the rent will evict the tenant in 60 days.
3. At the court hearing you must show proof of lack of payment. This is accomplished by showing the lease and bringing records of payments.
4. Record any damage the tenant has done to the property, so you can be compensated for that figure.
Most tenants when served with an eviction notice by a policeman will evict the property right away, but if they do not then it is pretty simple in most states. It is easier to evict tenants who are on a month to month lease. Any tenant with a long term lease, can have a better chance in court to win.
Expect the worse of people. The tenant will cry, scream and yell at the court about everything you ever did wrong and at times even say they do not understand English. Make sure you document everything before going to court. If you have any witnesses to what problems have occurred at the property, then those would be good also.
In the end, the property will be vacated and you will be leery the next time you rent to someone. As a measure of warning on rentals.
1. Always take a credit report on new tenant applications.
2. Always take a full application on all parties occupying the property.
3. Hire a Real Estate company to rent the property and give them a percentage of the first month's rent.
4. Require to see proof of income.
5. Recommendations of previous place of residence.
6. Personal references of friends and neighbors. Look to see the employment of the references.
In the end you have come away from this experience with more knowledge, a better plan for next time and a clean apartment now for renting to the next tenant.
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