How
To Evict If You Must!
By
Anesia
Springborn
The
Landloard System by Anesia
You’ve taken all measures to prevent an
eviction, you tried a creative approach to solve your tenant’s problem, and
now you feel you have no choice but to evict. What are the steps you need to
take?
First, you must check your local landlord
tenant law to see what specifics have been outlined for you regarding
eviction. Eviction law tends to include the exact procedures a landlord
needs to take very well. In general, the law defines two types of offenses a
tenant can commit: curable and non-curable. A curable offense is one where
the tenant is given the opportunity to fix the problem before an eviction
begins. Examples of this would be late rent, a pet on the premises, or an
unauthorized person living in the apartment.
A non-curable offense is one where the
tenant will not be given the opportunity to fix the problem, possibly
because they cannot do so or they’ve already been given a chance. Examples
of this would be damage to property or repeated occurrences of noisy parties
in the apartment. Non-curable lease breaches warrant eviction when given the
proper notices.
Determine what kind of offense you're
dealing with. If it's curable, you need to give your tenant an opportunity
to fix the problem. You send them a notice, in writing, which states the
offense, what they need to do to cure, and the number of days they have to
do this. Your local eviction law will specify how many days the tenant has
to rectify the problem. If they fail to act, you send a second notice that
informs them that they have not corrected the problem and that they have a
certain number of days to move out. This, in effect, is the beginning of the
eviction process although an eviction suit has not yet been filed.
If it's non-curable offense, you
basically skip the first notice and send the second one right away. You let
them know that they've committed an offense and they need to move out within
a certain number of days. Again, check your eviction law for the number of
days' notice you need to provide. Also, check what constitutes eviction
“notice” and be sure you follow the proper methods.
If the tenant facing eviction does not
move out by the date you specified, then you file an eviction suit at the
courthouse. A court date will be chosen, you will be informed, your tenant
will be served a summons, and you will see each other in court.
If the tenant does not appear in court,
they generally lose their case and the eviction is awarded to you. They will
be given a certain number of days to vacate the premises, and they may be
ordered to pay late rent, lost rent, costs to re-rent, and/or damages
depending on the situation. If the tenant does not move out by the date
specified in the eviction order, then you can generally enlist the help of
the sheriff to move the personal property out of your unit.
Eviction law does vary from state to
state. In some cases, an eviction can be completed within 35 days. In other
states, an eviction can take months. As a landlord, you want to take all
steps to prevent eviction first, through proper screening and strict
enforcement of applicable policies. If you are faced with an eviction, be
aware of the length of time it may take and the realistic improbability that
you will collect all fees owed to you, and then arm yourself with your
knowledge of eviction law and get the situation behind you.
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About the author
This article has been written by Anesia Springborn, real estate
investor and creator of The Landlord System. Anesia teaches her
students how to leverage time and money to grown their passive
income stream. She may be reached by visiting
www.TheLandlordSystem.com
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