There are plenty of books on how to plan and execute the eviction process successfully. It seems to be a delicate topic and a difficult area for many people. Carrying out an eviction or being evicted is not a joke because it is related to one very precious concept, that of home. Home is for many people the only place where they feel connected or safe. So, when an eviction arrives, it is always a bitter process and moment.
Due to the fragile topic, the best thing to do is to hire a professional. He or she will know how to deal with uncomfortable moments. A good lawyer will also know what the steps that need to be taken care of. The main tip to proceed with a successful eviction lies in the possibility of presenting all necessary evidence to the judge so that your claim as a tenant is heard and understood. The lack of documents and a just reason for eviction can slow the process and turn the dice against you.
These are the regular steps to be taken to file an eviction
- Serve the tenant with a notice. This notice has to be delivered in a written form, and it has to be given at the right time. The tenant should have a few days to act upon the notice according to what is requested. For month-to-month tenants, it is necessary to serve a 60 Day Notice to Vacate. If there was a violation of the lease agreement, a three-day notice should be served.
When serving the notice, it is very important that you follow the proper laws to serve the tenant properly. The best way to have this is by handing in the notice personally and having the tenant sign a receipt. If the tenant is not found at home, then the notice can be posted on the door and mailed. This type of notice can also be served via Certified Mail, return receipt requested. It is not necessary, however, to have some confirmation from the tenant.
- With a three-day notice, the tenant should also be served personally if possible, if not then substitute service will be acceptable. He or she also has to pay whatever amount of money is due up to that point within the 3-days or quit. If the eviction process continues and the tenant does not pay, the landlord has to file a separate eviction case to get rent money back. If the tenant does not respond to the notice, the court will likely rule in favor of the landlord.
- If the tenant responds to the notice and defends himself or herself with good evidence, the court may rule in their favor. In this case, they don’t get evicted, and the landlord has to pay a lawyer and court expenses for himself and the tenant’s attorneys fees.
Here is why it is very important to have all the documents that can prove the incorrect behavior or fault of the tenant, proving how the lease agreement was broken is fundamental for a three-day notice.
- If the court rules in favor of the landlord and he or she regains control over the rental unit, the sheriff is authorized to lock the tenant out of the property. All of their possessions should be totally removed to allow the landlord to have possession of the place.
Remember that evicting a tenant without following the legal process is not allowed. Changing locks, cutting off services, or removing them by force is illegal. These acts will be severely punished if performed by any landlord.
What are the usual tenants that get evicted?
*Tenants that do not pay rent
*Tenants that in some way damaged the rental unit
*Tenants that violated the terms already established in the lease agreement
*Tenants that use the rental unit for illegal purposes, such as selling drugs.
*Tenants that represent a nuisance for other tenants, for neighbors or some part of the community.
Many problems with tenants can be avoided by having a good lease agreement, with clear communication channels between the tenant and the landlord. This way if the tenant is not sure about payments and responsibilities, they can check the agreement or just give the landlord a call. It is also a good idea to keep all your receipts, and banks statements in order. These documents can help a landlord or a tenant check the influx of rent money from one party to another.