| No one likes being the bad guy but there are | | | | leaves the property, schedule and do a |
| times when we have to be. No where else is this | | | | walkthrough of the apartment. You need to give |
| more evident than when a landlord needs to evict | | | | your tenant at least 24 hours notice before |
| a tenant. It is something that a landlord never | | | | proceeding with your walkthrough. Keep careful |
| wants to have to go through. Unfortunately, it | | | | notes of the condition of the rooms. It is a good |
| sometimes is their only option. | | | | idea to take pictures. All of this will help you in |
| It is important that know the process of what a | | | | withholding a security deposit for any damages |
| tenant eviction entails in case you find yourself | | | | that occur when a tenant is evicted. |
| faced with the decision. There is the possibility | | | | - Make it legal - This one is very important to |
| that you could end up losing money or not being | | | | cover your rear end with any liability issues. You |
| able to get the tenant to leave just by not | | | | have to make sure the eviction notice complies |
| following the proper steps and procedures. You | | | | with all respective state and local landlord laws. |
| could even end up being sued by the tenant for | | | | Eviction notices have to be drafted exactly as |
| poor treatment. | | | | required by law. Failing to follow it to the letter of |
| Ideally, tenant screening efforts would weed out | | | | the law might nullify your eviction attempt. |
| all problem tenants. There are times, however, | | | | - Amount of notice - It is important for you to |
| when we find ourselves dealing with occupants | | | | allow the required amount of time by law before |
| who do not pay their rent on time or are | | | | proceeding with the eviction. That length of time |
| constantly a nuisance to you and your other | | | | depends on the state you reside in since it varies |
| tenants. When these unfortunate cases arise, you | | | | by state. The normal and accepted period is 30 |
| need to be aware of everything you need to do | | | | days from the date of the eviction notice to the |
| for a smooth and quick process for both sides. | | | | last day of vacancy. However, there are some |
| - Have documentation - Before you do anything, | | | | states which only require 72 hours notice in the |
| make sure you have a paper trail full of | | | | case of nonpayment of rent. Check your state |
| documentation stating the reasons why you are | | | | laws before serving a notice to ensure that you |
| evicting the tenant. This is essential if the tenant | | | | are in compliance. |
| contests the eviction, refuses to leave, or tries to | | | | - Security deposit - If your property is damaged |
| file a discrimination claim against you. Have the | | | | in anyway, or if the tenant owes back rent, you |
| initial rental application, the signed rental | | | | can refuse to reimburse their security deposit. Be |
| agreement, and a record of the incidents which | | | | sure to include a provision within your lease |
| led to your eviction decision. | | | | agreement about their security deposit if |
| - Why the tenant was evicted - You should | | | | something to the apartment were to happen. This |
| provide your tenant with a written notice of why | | | | allows you to keep it without any confusion. |
| they are being evicted. Keep at least two copies | | | | - Do a post-eviction walkthrough - Once the |
| of this notice: one for the tenant and one for | | | | tenant has vacated the apartment, you should |
| your records. | | | | perform another walkthrough through the |
| - Inspect the property - You'll find that some | | | | property. Utilize the notes and pictures you took |
| tenants will trash the property as a way of | | | | on previous walkthroughs to help you determine if |
| "getting back" at you. Before the tenant officially | | | | there is any damage and the extent of it. |