Eviction: How to Evict a Defaulting Tenant

 

EVICTION is a legal process (court order) of removing a tenant from one's property for different reasons.

WHY EVICTION?

As a property owner or manager, there could be several reasons why you might want to evict your tenant knowing that, it is sometime unavoidable coming across a defaulting tenant at some point of the real estate dealings. Here are five major reasons why a landlord might consider evicting a tenant:

 

1.   Refusal to pay rent: One of the most common reasons for eviction is when a tenant fails to pay rent on time or at all. Rent is the primary income for landlords, and consistent non-payment, delay in payment or paying in piecemeal can lead to financial strain and an inability to maintain the property.

 

2.   Lease violation: If the tenant violates the terms of the lease agreement, such as defaulting on clauses well spelt out on the tenancy agreement signed, or keeping unauthorized pets, the landlord may choose to evict the tenant when necessary awareness has been given and not abided to.

 

3.   Damages on property: When a tenant causes significant damage to the property beyond normal wear and tear, and fails to rectify the situation, the landlord may opt for eviction to protect their investment.

 

4.   Illegal activities: If the tenant is involved in illegal activities on the premises, such as drug dealing or criminal behavior, the landlord may seek eviction to maintain the safety of other tenants and the community.

 

5.   Demolition purpose: When a property is marked for demolition as a result of poor construction work and such poses danger to the lives of its occupants.

 

6.   Lease expiration or end of tenancy: In some cases, a landlord might want to regain possession of the property when the lease term ends. This could be for personal use, property renovation, or to sell the property.

 

STEPS TO TAKE IN AN EVICTION PROCESS

Evicting a tenant legally involves following the specific laws and regulations of your jurisdiction and working in hand with a qualified lawyer to ensure strict compliance with the proper procedures. The process can vary depending on where you live.

Emphatically, it's essential to consult with a local attorney or housing authority for precise guidance.

 

However, just like selecting a good tenant: all efforts to avoid eviction might fail for various reasons as mentioned. Here are some general steps involved in the process of evicting a tenant:

 

Review the lease agreement: Carefully review the lease agreement to understand the terms and conditions, including any clauses related to eviction and notice periods. Ensure all required demand notice are presented in a written form.

 

Grounds for eviction: Identify a valid reason for eviction as per the laws in your area. Common reasons include non-payment of rent, lease violations, property damage, or illegal activities on the premises as listed above.

 

Provide written notice: Generally, before initiating an eviction, you must serve the tenant with a written notice. The notice period can vary depending on the reason for eviction and local laws. Common types of notices include:

 

a. Pay or Quit Notice: This notice gives the tenant a set amount of time (usually 7 days) to pay rent owed or vacate the premises.

 

b. Cure or Quit Notice: If the tenant has violated a term of the lease, they are given a specific period to correct the violation or leave.

 

c. Unconditional Quit Notice: This notice requires the tenant to move out without an option to fix the issue. It's typically used for severe lease violations or repeated non-compliance.

 

d. Non-renewal Notice: This notice brings to the tenant’s knowledge the owners intention to reclaim the property for reasons that may not necessarily be explained to the tenant and may be a year but at least 6month before time for annual tenancy.

 

File an eviction lawsuit: If the tenant does not comply with the notice, you may need to file an eviction lawsuit with the appropriate court. This is also known as an unlawful detainer action.

 

Attend the court hearing: Both the landlord and the tenant will have an opportunity to present their case in court. If the court rules in favor of the landlord, it will issue a judgment for possession.

 

Writ of possession: After obtaining a judgment, the court may issue a writ of possession, which allows law enforcement to remove the tenant if they still refuse to leave voluntarily.

 

Conclusively, remember that eviction process is highly regulated, and failure to follow the correct steps or attempting self-help evictions (e.g., changing locks, shutting off utilities) can lead to legal consequences for the landlord or managers.

Always seek legal advice and ensure that you comply with local laws and regulations throughout the eviction process. 

Meanwhile, it is still better to achieve same goal  without going to court where possible, considering the long processes involved in legally evicting your tenant.