CONTACT US

How To Evict A Tenant

 

When a landlord prepares to evict a tenant, it is important to remember that eviction is a business transaction. For a landlord, it can be difficult to evict a family because of the emotional strain it may cause on both sides. But a landlord should be allowed to make a profit from their properties and tenants are supposed to keep up their side of the agreement by paying rent. If a tenant stops paying rent, then the landlord has to take action.

Keep Records

Since an eviction is a business transaction and legal process, you will need detailed records to be able to get the job done. You need to take pictures and keep written accounts of the problems you are having with your tenants, and you need to deliver late notices for rent that is not paid. Remember that since eviction is a legal process, you must have a reason for eviction that falls within the confines of your lease agreement. If you do not have a lease agreement, then eviction could be difficult.

Learn The Laws

Each state has their own laws regarding the process of eviction. It is important that you become familiar with those laws and become prepared to follow them as you go through the eviction process.

Hire An Attorney

Even if you know the laws regarding eviction, you still need to hire an attorney to help you go through the process. There are nuances to every state's eviction laws that need to be followed, and there might even be county and city laws you have to follow as well. If you do not follow the legal process exactly, then you could be looking at a lot of problems during your eviction. Get an experienced lawyer on your side and make sure everything is done properly.

Try Working Things Out First

In most states, eviction needs to be a last resort to solving tenant issues. You should reach out to your tenant and try to work out the issues before pursuing eviction. Make a detailed record of your conversations and offer payment options that would help to bring the rent up to date.

Prepare The Eviction Notice

Your attorney should prepare your eviction notice and the reason for eviction should be clear and cataloged for the courts to see. You should point out the part of the lease that is being violated, and include the documented pieces that prove there is a violation.

Have The Eviction Served

In most states, the local sheriff will serve the eviction notice or you can hire a property management company to help with the process. The property management company will make sure the tenant moves out and will catalog any damaged or stolen items. Remember that even if a tenant skips out on you before paying you, it is still possible to have them tracked down and sue them for the money they owe you.

An eviction is never an easy thing to do, especially if there is a strong tenant-landlord relationship. For the landlord, an eviction is a business transaction that is used as a last resort to chronic violations of the lease. The friendship will end with an eviction notice, but it gives the landlord a chance to bring in better tenants who will make life easier on the landlord.

Get a Free Case Evaluation
Schedule a consultation with one of our experienced lawyers today by filling out the form below, or call us at  718-667-1301

    Why Choose Us?
    Experience
    Our firm has a well-earned reputation for providing our clients with informed representation when they need it most. No matter the legal issue you are facing, we will put the law to work for you.
    Results
    Our clients have experienced great success after working with us, and we are proud to have helped them move forward in a positive direction.
    Personalized Attention
    We believe that an educated client is our best client and encourage your participation. Our attorneys are readily available to respond to your questions and return all calls promptly.
    crossmenu