Unfortunately, eviction is an inevitable part of being a landlord. You might be a great landlord and perform rigorous tenant screening, but eventually, you will find yourself with a tenant that doesn’t pay rent and you will have to evict them. Evictions may seem harsh, but you have to understand that it is a business decision. You need to know what to expect if you ever need to evict a tenant from one of your rental properties.
An eviction is a legal process in which a landlord removes a tenant from a rental property. An eviction is simply a lawsuit for possession. The eviction process is different in every state because eviction laws differ from state to state. The most common reason for eviction is because the tenant has not paid rent, but they can be evicted for other reasons as well. Most courts and judges are reasonable about this and the eviction process can be quick, but other times it can take a long time. Having a property manager that understands the law can be very helpful in all instances.
The second most common reason for eviction is because the tenant is violating the lease agreement. It depends on the terms of your lease. Some common lease violations are:
- Having unauthorized pets or having more pets than what is allowed
- Having unapproved occupants (having other occupants than those listed on the lease)
- Unapproved subletting
- Improper use (not using the rental for residential purposes)
Another reason for eviction would be property damage. It is important to distinguish between real damage and “wear and tear.” Lastly, you can evict a tenant if they use the property for illegal purposes or drug-related activity. In most states, a landlord can terminate a lease with 24 hours notice for drug or crimes related activity.
- Terminate the lease with proper notice
- When the tenant doesn’t leave, file an action with the local eviction court
- Attend a hearing
- Win the judgment
- Hire (make an appointment) with the sheriff
- Show up on “eviction day” with the sheriff, reclaim possession of the unit
- Change the locks
Evictions can be costly and time-consuming, so hopefully, you can avoid them. Hiring a property management company will give you peace of mind. At Beaufort Rentals, we actively prevent most evictions by carefully placing qualified tenants. We have the experience, tools, and resources to effectively manage your property and maximize the rental value of your home.
This blog post is for informational purposes only and not to provide legal advice.