Top 10 Things to Watch Out For With Evictions

Posted in Blog  
  on May 05, 2016

The first defense against delinquent tenants is a thorough tenant screening process that checks their credit history, criminal history, and eviction history. This will help you hedge against people that have burned other landlords before you, but there will be times when you are that first landlord to get burned, or perhaps they simply slipped through your screening methods. Whatever the reason, you should always know how to approach an eviction in case the worst happens.

  • Warning Signs - As a landlord you will want to be aware of the warning signs that an applicant may display that can provide you with a heads up to a potentially troublesome tenant. Watch for these red flags and you may avoid the eviction process altogether.
    • Reasons Evictions Might Not Show - There are reasons that records will not show on a report, but if you know what to watch for, it can help you find the information that your applicant may prefer that you didn't see.
    • Accepting a Tenant With Evictions - When it comes to absolutes in your screening process you should make sure that you do your research and look at every angle to make sure you're not denying someone that could have been an excellent tenant.
  • When You Can Evict a Tenant - You cannot evict a tenant without a legal reason. Make sure that if you are starting the eviction process that it lines up with your local laws as well as the lease that you signed with the tenant.
  • Best Steps to Evict - Once you have made sure that you have a valid reason for evicting your tenant, you will need to make sure that you carefully follow the laws for each step of the process. If you skip a step or do something incorrectly, you may find yourself right back at the beginning of the process, and that could cost you a lot of money if you're losing rent.
  • Notice to Quit - Part of going through the eviction process is filing the paperwork correctly. If you do not provide this document or fill it out incorrectly, there's a good chance that the judge will rule against you for the eviction.
  • Types of Evictions
    • Owner Move-in Evictions - There may come a point that you wish to move into a unit you own or you need it open for a family member. If that is the case, you will need to read up on your local laws on the best way to go about this and what you are and are not allowed to do from a legal standpoint.
    • Non-Payment Eviction - If your tenant does not pay rent, there's a good chance that will affect your ability to pay on your mortgage. It may be time to get them out so that you can bring a renter willing to pay in.
    • Eviction Without a Lease - In the ideal situation, you should always have a lease signed by every adult resident in the property that you are renting out, but there will be times in which things do not work out quite like you would like them to.
  • Hiring an Eviction Attorney - Eviction cases are often fairly straight forward, but there are some cases in which you may think about retaining legal counsel.

 


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