Even with great tenants, there’s always a chance of eviction. While there are many benefits of renting out a property, there’s always a side of the coin most people don’t like to talk about. No matter which side you’re on, everyone would like to avoid eviction if possible. However, as this is not always the case, it’s essential to be familiar with the procedure. For that reason, here’s everything you need to know about the eviction process. It can be helpful, regardless of whether you’re a renter or a tenant, as both sides need to be prepared.
How tenants can avoid eviction
In case tenants are in a situation when they know they won’t be able to pay the rent, they should immediately contact the landlord. If it’s a temporary issue, there might be a chance of working out a deal. A tolerant landlord might allow the tenant to pay the second part of the rent by the end of the month. However, if the issue is permanent, they might agree to release the tenant from the lease voluntarily. If this is not the case, there’s still a chance for the tenant – the replacement should be found.
How tenants should handle the eviction process
Before we even begin explaining the eviction process, tenants should know one thing – it’s not the end of the world. Sure, it’s unpleasant having to find a new home and moving on short notice. But keep in mind that it’s possible to transfer all your belongings in no time because some companies offer the same day moving option. Other than being very convenient, it can also be friendly to your budget. So, even in the worst-case scenario, remember that there’s no reason to panic. Just try to find new housing, as soon as possible. If not, investigate if there is transition housing available in the community.
How landlords can avoid eviction
Before starting the process, landlords can ask themselves if it’s really necessary to evict their tenants. If not, they can always give them a second chance. But, the issue might repeat, and turning a blind eye might not be the best choice. You’ll need to wait additional 30 days to evict a tenant in some states if you accept a partial rent payment. Sometimes, the best choice would be not to postpone the eviction process and risk losing more money, especially if demand is strong in the rental area.
Reasons for initiating the eviction process
If you’re a tenant, hold on a second before you book your move with high quality moving company. Since you can do this even on the moving day, there’s no reason to rush it. Let’s see if there’s a need for moving in the first place.
Keep in mind that eviction is a legal process of removing a tenant from a rental property before the lease expiration. There are exact reasons for which landlords can evict tenants. Also, they must follow the procedure. As this varies from state to state, we’ll cover the basic reasons and the general process. One of the common causes of eviction is failing to pay the rent on time or at all. Another reason is breaking the lease and not fixing the problem. Also, a renter could be a nuisance to neighbors or use the property for something illegal.
Have documents in writing and play by the rules
A good piece of advice would be to have everything in writing. A judge is usually not very interested in phone calls. E-mails are an option, but written documents are the best solution.
Even if the tenant doesn’t follow the law, the landlord needs to play by the book. There’s a procedure that the renter needs to follow, so if you’re on this side of the table, make sure that you understand your state’s rules and regulations on the eviction. Here are the general steps a landlord should follow.
Eviction notice – first step in the eviction process
The process of evicting a renter starts with the eviction notice. This is a formal written notice that the landlord delivers to the tenant, with included demand. Posting the notice on the front door is an option, but it’s always better to have proof of delivery.
Filing with the court
This is the next step if the tenant hasn’t complied with the eviction notice by the given date. The competent court’s jurisdiction varies from state to state, so make sure to do further research.
Prepare your documents
Prepare all of your documents when the time comes for the court. If you’ve played by the rules, there’s a good chance that the judge will rule in your favor. As a result, the tenant will be ordered by the court to vacate the rental and to give you the due money.
By now, the tenant will usually have left. However, if this is not the case, and the tenant refuses to leave your property, you can get the help of the local police. There are eviction guides county sheriffs follow in this case.
Collecting on the judgment
You might have gotten a judgment against a debtor. However, this is not the final part of the procedure. In order to collect the money, professional debt collection agencies will need to help. These agencies can file a negative notice on the renter’s credit report and put liens on the renter’s assets, allowing you to collect the money on your judgment.
Hopefully, the next tenant will be the right one. In the meantime, you can consider ways to boost the rental yield. You might even profit from the opportunity to fix a thing or two in your property.
Eviction process explained
Investing in rental properties is one of the great options of real estate investing. The fact that a bad renter might show up shouldn’t stop you from going in this direction. Now that you know the basics of the eviction process, you can notice that the procedure is not very complicated and that you shouldn’t stay away from it at all costs.