Ways to Evict a Tenant

There aren’t unlimited ways to evict a tenant. There are very clear procedures laid out by the law. A landlord can evict a tenant at any point in time but based on grounds that can substantiate and justify such a decision. Minor issues cannot be the reason or foundation for eviction of a tenant.

Reasons for Eviction

Typically, a landlord can evict a tenant if the latter has not been paying the rent or has created troubles in the neighborhood. A tenant who has damaged the property or has caused any potential hazards in the property then too a landlord can initiate the process of eviction.

Once the grounds are substantiated and if the landlord has legitimate reasons then the eviction process is quite simple. There are primarily two ways to evict a tenant. One is a personal approach done in a formal manner which ends in a resolution agreeable by both the landlord and the tenant. The other is the legal course which seeks intervention of the court.

Provide a Letter of Intent

Usually, a landlord would write a letter to a tenant clearly mentioning the acts or faults on part of the tenant that must be addressed and rectified. If non-payment of rent is a concern then the tenant must be asked to pay up. If damages have been caused to the property then the tenant must be asked to fix them. If the tenant has been causing problems for other tenants or for the neighbors then those must be changed by the tenant. If a tenant is indulging in any unlawful activities then a landlord should seek immediate eviction. In the former cases, if the tenant addresses the point of concern then eviction is unnecessary but if the tenant fails to act desirably then a landlord must write an eviction notice and send it to the tenant.

The eviction notice is actually a declaration from the landlord asking the tenant to vacate the property by a certain date. If the tenant fails to vacate the property by that date then the landlord can approach the court. Thereafter, the entire eviction process is monitored by the court and carried out by the sheriff’s department. A landlord doesn’t have to personally evict the tenant or play any role. The landlord’s attorney can get involved should the tenant dispute or make counterclaims questioning the eviction and its reasons.

Out of court arbitration is also common in evictions.
Posted on Apr 04, 2014


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