The Eviction Process Simplified

We’ve talked about nightmare tenants before, and we know how devastating they can be. If one somehow gets in, you likely have a war brewing on your hands. If you think you’re about to enter this war, then you’re in luck. The first step to victory is to get the lay of the land and know what you need to do to win.

Disclaimer: It should be obvious, but we’re saying it regardless. Each state has different rules and regulations regarding eviction, so make sure to do your due diligence in reviewing your local guidelines. This is more of a general guide, as these laws still follow the same line of thought.

Here are the general steps:
1. The eviction notice(s)
2. Filing a complaint
3. Attending the hearing
4. Tenant extermination eviction

But first, let’s see what an eviction truly means.

What an Eviction Truly Means
An eviction is the official legal proceeding that an owner must go through to have a tenant out of their property. In short, it’s the legal way to kick someone out of your rental.

A tenant may be evicted for many reasons, such as violating the lease agreement, not paying rent on time (or not at all), or engaging in illegal activities on the property. But a tenant may still be evicted for no reason at all. Of course, there MUST be a reason, but perhaps something that the owner may prefer to keep to themselves like moving into the property themselves soon, having a family member stay there for college, or just hating the tenant’s guts for some reason. The court allows this, but ample time would be required for the tenant to move out (usually 30-60 days upon notice).

While the landlord or owner has the right to go through this process, the tenant also has the right to defend themselves. These include but are not limited to arguing that a notice wasn’t served (or served properly), justifying their actions to be correct or even just implying that the landlord is extremely evil (regardless of their own mistakes). So, when going into an eviction process, never think that you’re always going to have the upper hand.

The Eviction Notice: You Make Them, You Hand Them Over
It’s as simple as the phrase above states. You prepare the eviction notice, and you ensure that the tenant receives it. But “simple” things are often complex! First, you need to make sure that your Eviction Notice complies with your state laws. Can’t seem to find one? Try looking up “eviction notice templates for [insert state here]” as a start. Next, find “eviction law [insert state here]” just to make sure that the form you got is compliant, but you should have a general idea of your local law to begin with anyways.

And speaking of being aware of the local eviction-related laws, do understand what it defines as “serving” your Eviction Notice. Here are some of the common ways:
1. Personal Delivery.
2. Through First Class Mail or Certified Mail.
3. Taping the Notice on the front door. (Easy!)
4. Posting the entire notice as a comment on their Facebook profile. (This one’s a joke. Please DON’T do this.)

Filing a Complaint – a SERIOUS Complaint
A “serious” complaint is what we would refer to as an eviction lawsuit. You should only file them only when the tenant is still hanging around your property, even after the time period in the notice expires. Naturally, you and the tenant would be seeing each other in court, but sometimes they’d already be gone before this happens.

Are These Court Hearings Just Like in the Movies?
No. These hearings are unlike what you see on TV, but they pretty much have the same structure. The judge looks at the evidence, listens to everyone’s sides, and makes a decision. If the owner/landlord wins, the tenant has to move out under certain conditions. If the tenant wins, they can stay, but likely also under certain conditions.

A True Nightmare Tenant Won’t Leave
If you, the owner or the landlord, wins the hearing, but the tenant(s) still don’t want to leave, you now wield the power to have the authorities involved. To do this, you’d need to obtain a Writ of Restitution/Possession/Recovery (or however your state calls it) from the court. The court will have the Sheriff or Constable give a final warning to these tenants before physically coming in by force and removing them out of the premises.

Again, each state has its own rules. See what preparations you need to do before moving. If a nasty tenant gets wind of the situation, you can be sure that they’re not going to make it easy for you. We highly suggest talking to a landlord-tenant attorney in your area to help you figure things out.

However, if the weight of all this is too much, the “quit” button is always around the corner. And by quitting, we mean selling the property! No, you don’t have to work with a real estate agent. You can sell immediately in a couple of days to an investor. Try contacting us, Shorefront Investments, and get a free offer! You can give us a call at (850) 713-4866, send us an email, or fill a form on our front page!