Steps to take when removing a tenant from your rental property
Why have you decided to terminate your tenant? Have they been extremely loud and caused a disturbance with your neighbors? Aren’t they paying rent on time? No matter what the reason, it’s not a simple procedure to get rid of a tenant, but there are steps you can take to help make the process a little smoother and easier.
You can’t even begin to think about evicting your tenant unless you’ve been documenting instances of being a nuisance to neighbors, not paying rent on time, or any other type of instance that is grounds for eviction. You cannot stand in front of a judge and expect the courts to rule in your favor if you do not have documentation to support your decision to evict the tenant. Document all conversations you have with your tenant, properly record all late payments, and document all violations reported by neighbors. All of these documents are extremely helpful in getting rid of your problem tenant.
If you are evicting your tenant because they don’t pay rent on time, or fail to pay rent, send the tenant a 3-day payment or quit first. If you don’t get any money, or even a response by the end of the third day, send an unlawful detainer package to your attorney. Your attorney will give you the documents you need to pay rent (if that’s what you’ve decided to offer the tenant) or to move out by a specific date. If you are determined to evict your tenant, do not accept any type of check because if you deposit it and it bounces, you may have to start the eviction process all over again. If you have a rental mailbox, be sure to check it every day. If a tenant has left a check in the box and you do not return it within 24 hours, it is assumed that you are “accepted” and you may have to start the eviction process all over again.
Once the tenant has vacated the premises, make sure nothing of value has been left behind. If so, and it prevents you from renting the apartment to someone else. You must store the items for 15 days, then you must put the items up for auction. If the tenant wants to pick up his things within the initial period of 15 days, he is obliged to let him in to pick it up, but under no circumstances will he give him the key. If they come in and lock the door and want to stay, then you have to start the eviction process all over again.
I hope this has helped you learn a little more about the eviction process and the steps you need to take to evict a tenant and keep them out of the rental property. It may seem like a lot of diligence on your part, but it’s worth it if a problem tenant is no longer a problem!