Once you’ve established that you have legal grounds on which to evict, save yourself headaches by following three simple steps to evicting a tenant.
Step One: Know the law in your state
Most states have a version of the Uniform Residential Landlord and Tenant Act. Every landlord should be familiar with their state’s version before ever renting a property, but it pays to review state law before starting the eviction process. The law will address specific questions like how to notify a tenant that they are in violation of the lease agreement, how many days the tenant has to respond to the initial notice, and what follow-up steps are required. The onus falls on the landlord to prove lease violations, sometimes in court, so it pays to know the law and the text of your own lease thoroughly before you’re asked to stand before a judge.
Step Two: Put the resident on notice
Every state law requires that the landlord post a termination notice, usually giving the tenant an opportunity to correct a situation. In extreme situations, there is no opportunity for a resident to change their ways; this is called an Unconditional Quit Notice. It’s reserved for the most extreme cases of repeat non-payment of rent, property damage and illegal activity. It still gives the tenant a time frame in which to vacate the property voluntarily before you begin legal eviction proceedings.
Step Three: File a lawsuit to evict
Landlords usually don’t have any right to remove a resident or their property, or lock them out of the property. Once the deadline on the termination notice has come and gone, the property owner files a lawsuit to have the renter evicted. Once the landlord receives a judgment of unlawful retainer, a local law enforcement officer will then serve the eviction notice for a fee. The notice gives the resident a few days to clear out, at the end of which time the officer returns to physically remove the evicted tenant if they haven’t moved out on their own.
The professionals at Class A Management handle tenant issues professionally. We’ll find the best renters—and the best solutions—for your investment property. Call us today at 817-295-5959 or e-mail, .