How to Evict a Tenant

If you didn’t manage to prevent problems through tenant screening and are now stuck with a bad tenant, you need to be rid of the burden as quickly as possible. There are certain rules and regulations you need to follow, but here’s how to evict a tenant.

Determine the Exact Legal Problem

To legally evict (or kick out) a tenant, you have to have a legitimate legal reason to do so. Your reason can be something like “failure to pay rent” or “repeated failure to abide by the terms of the lease contract.” Usually, you give a warning the first time or two, but you must absolutely be sure to document every warning or conversation about problems. You need a paper trail to prove your tenant is bad, so be sure to send every notice in writing with a copy for yourself. If possible, have the tenant sign to verify the warning.

Serve the Tenant with a Notice

When the tenant has been warned at least once (or twice for good measure) and you’re ready to move forward, check the regulations in your city and state. Then, following those regulations to the letter, properly serve your tenant with an eviction notice. Your state may require this be done by a licensed police officer. If you fail to serve the notice correctly, your eviction notice may not be valid or even legal.

Use the Legal System

Following the notice, hopefully your tenant will agreeably move out, and you can both move on with your lives. If this is not the case, however, you must use the legal system to get your freeloader on his way.

File an eviction lawsuit against the tenant and be prepared to show every scrap of your documentation about how terrible a boarder he was. It’s very possible he will counter sue which is why you must follow the letter of the law. Do not give him a reason to sue you – you can’t “help” him move out, change the locks, or doing anything in retaliation other than filing the lawsuit following failure to leave.

The lawsuit may go smoothly, or it may get nasty. A knowledgeable real estate attorney can help keep the process moving and help you be sure you are staying well within the rules and regulations of your state.

Eventually, assuming you are in the right and have the documents to prove it, you will win your suit and your tenant will be moved along with the assistance of local law enforcement. If you’re very lucky, he might even be required to pay back rent and legal fees, but don’t hold your breath.

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