Steps To Evicting A Tenant
A recent post informed readers what not to do when evicting a tenant. The goal of the current post is to break down the evicting process.
The first step in preparing for the eviction process starts before a tenant moves into your rental. Most evictions occur due to failure to pay rent or a tenant causing excessive damage to the property. Hopefully by screening and interviewing your potential tenants you will decrease the chance that you will have to evict a tenant for these reasons. However, there may come a time when you need to evict a tenant and if you don’t have the right documentation from the start of the lease you could be in trouble.
The Second step in having an easy and efficient eviction is being prepared from the onset. Having a lawyer that drafts your leases based on your state’s laws is important. Make sure to have documentation and pictures of your rentals before your tenants move in. Having a property management system like RISSOFT’s Property Management Software can help you keep important documents and pictures organized in case you ever need them for the eviction process. In addition, make sure you understand your states land-lord tenant laws to ensure you understand the eviction process in your state.
It should go without saying that you need to have a valid reason for evicting a tenant. Failure to pay rent and causing significant damage to the property are the most common reasons for evicting tenants. In addition, based on your lease bringing in pets, illegally subletting the apartment, or violating occupant ordinances can also be grounds for eviction. No matter what the reason for the eviction you will need ample proof of these violations for the eviction process. A good Software for Property Management should be able to help you keep your evidence organized and ready for court if the time comes.
Once you have ample evidence you have two choices, you can try to reason with your tenant or go straight to giving a formal notice of eviction which usually includes letting a tenant know what they can do to avoid eviction. Some experts recommend trying to reason with a tenant as it may give you an opportunity to end the eviction process and fix the problem right away. By letting a tenant know that if they go through the eviction process it can affect their credit, cost them money and can even involve their employer if wages need to be garnished they may back off and leave your property voluntarily. However, it may be prudent to discuss with a lawyer what they think is the most appropriate steps to take if when evicting a tenant.
After giving an eviction notice your tenant will likely leave or fix the reason for the eviction. However some tenants may choose to stay. If that is the case you will need to file your eviction with the courts and schedule a hearing. At this point it is time to go into your Management Property Software and gather the eviction related documents such as pictures of damage, lease agreements and bounced checks. If your prepared and bring the right documents to court you will likely win and if your tenant does not leave within the scheduled time frame someone from the sheriff’s department will help you evict them. At this point if they still owe you rent or money for damages you have the option of going to small claims court.
Hopefully you will never have to go this far in the eviction process with a tenant but with RISSOFT property management software if you do you will be prepared
This post is provided by RISSOFT Residential and Commercial Property Management Software, specializing in innovative and cutting-edge property management software for all 50 states. Request a demo or contact us today to receive more information.
Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.
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