Tenant eviction is something that no landlord wants to have to go through, but sometimes it is the only option. Although most disputes can be sorted out through negotiation, there are times when eviction is absolutely necessary. If you are a landlord, then it is important to know the process of tenant eviction in case you need to use it. If you do not follow the proper steps, then you could end up losing money or not being able to get the tenant to leave. You could even end up being sued by the tenant for poor treatment. Therefore, getting the process of tenant eviction right is crucial.
Reasons for tenant eviction
Although there can be any number of reasons why tenant eviction needs to occur, some of the most common reasons include rent arrears, complaints about tenant behaviour or other breaches of the tenancy agreement. Of these, rent arrears is the most common reason for tenant eviction. If a tenant cannot pay you the rent that is due after a number of warnings, then eviction may be the only option left. However, before going ahead with eviction you should seek advice. A great place to get advice about eviction and other property investment issues is a investment property forum. However, if eviction looks like the only option then here are some steps you need to follow before eviction can occur.
Getting paperwork in order
Before evicting someone, you need to make sure that all paperwork regarding the property and the reasons for tenant eviction are in place. This will include the tenant's original rental application, the tenancy contract, and evidence of tenancy violations. For example, if the tenant has stopped paying rent then documentation showing this will be necessary.
Clearly stating reasons in the eviction notice
When you serve the eviction notice, you need to make sure that you clearly state the reasons why you are seeking eviction. Make copies of this notice both for the tenant and for your own records. It is important that the exact reasons for eviction are known to the tenant so that there can be no chance of a misunderstanding.
Check the property
Some tenants will damage or destroy property in order to get back at you for eviction. Before the tenant leaves you should inspect the property, making a checklist and taking pictures to prove the condition of the property. You will need to give the tenant at least 24 hours' notice before conducting an inspection. This inspection will help you to withhold a security deposit in case anything gets damaged.
Giving the correct notice
You need to make sure you give the correct amount of notice after serving the eviction papers for the tenant to leave. This is usually between 30 and 60 days, although it can be much quicker if there are sufficient grounds, such as violence or serious criminal behaviour. If you require this, then you will probably need to go to court and get an order for fast eviction. Although tenant eviction is something that no landlord wants to do, if you follow these steps then you will find the process easier and less painful for both you and the tenant being evicted.
| Julie-Ann Amos is a freelance business writer, and owner of exquisitewriting.com on business and property investment. She recommends http://www.singingpig.co.uk/ as one of the most effective sources of information for small businesses and property investment. Their property investment forum is a place to find information hard to locate elsewhere. |
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