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How to Start an Eviction Process for my Tenants

Marble Team Author ImageAuthor Image
Written by
Marble Team
Daniel Li
December 8, 2022

Evictions are never a good situation for any party, but occasionally they are unavoidable. Given that eviction moratoria are about to end, the following are some resources that every landlord should be aware of before considering eviction.

Why Do Landlords Need to Evict Tenants?

Even though no landlord wants to evict a tenant, it occasionally becomes unavoidable. Suppose a landlord waits too long to remove a tenant. In that case, their income flow may quickly diminish, and a problematic tenant may cause thousands of dollars worth of property damage.

Among the most frequent reasons for evicting a tenant are the following:

Being a landlord is a business much like any other. Nonpayment of rent is among the most frequent causes of needing to evict a tenant. Unfortunately, even the greatest tenants might encounter unforeseen challenges that make it difficult to uphold their end of the lease.

A landlord often has the option to evict a tenant who has committed a crime. This can include vandalism of the property or just using your property as the center of illegal activity. 

One or more lease clauses being broken is another typical justification for evicting a renter. For instance, you might learn that the tenant has a prohibited pet or roommate. These kinds of violations are typically curable, so the renter agrees to address the issue immediately. However, you or your property manager will need to keep a careful eye on the tenant going ahead to ensure they are staying on the lease.

Tenants sometimes need to follow through on their commitments. It is possible to evict tenants who persistently break the terms of the lease, but make sure to preserve detailed documents in case you need to go to court.

Additionally, landlords have the right to evict tenants who damage the rental property beyond what is expected for wear and use. It might be time to evict the tenant when the damage they've done affects the value of your property and health and safety concerns arise.

How to start an eviction process with my tenants:

  1. Examine the relevant landlord-tenant laws.

Ensure that you understand your state regulations before starting an eviction:

  1. Discuss with the tenant

In certain situations, it may be wise to approach the renter and ask them if they would be open to leaving without being evicted. This is because it can take a long time and money to evict a renter, and most trustworthy tenants don't want a note on their credit report.

  1. Serve a written notice of eviction.

After that, the tenant must get a valid written eviction notice, which, depending on the applicable jurisdiction, may include the following:

  1. Sue for eviction and prepare for a court hearing.

Many landlords decide to have their eviction proceedings handled by an experienced real estate lawyer focusing on residential evictions. This can save money because the landlord may have to start from scratch if the eviction process needs to be carried out precisely. Even worse, a landlord who forcibly evicts a tenant may be liable for expenses, damages, or both.

  1. Collect unpaid rent.

If and when you prevail in an eviction lawsuit, the court will frequently grant you a judgment for past-due rent and the price of any damage the tenant did. Many landlords use a collections company to get the rent they're owed.

Reminder: Each State Has Different Eviction Laws

What Is the Time Frame for an Eviction?

The duration of an eviction process can be weeks, in addition to its hefty expense. The length of an eviction depends on your state's rules, the specific eviction case, and other considerations. Generally speaking, it can take three to four weeks to complete.

Closing Thoughts on Evictions

The majority of landlords eventually have to evict a tenant. Understand your local regulations and follow the appropriate eviction procedure for your county to evict a renter properly. Since evictions may be time-consuming and expensive, many landlords look into alternatives, such as giving tenants cash in exchange for their keys.

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