It’s every landlord’s nightmare: a problem tenant who just can’t be reasoned with, who will not fulfill the terms of their lease, or who destroys property. Even if you screen tenants carefully, run background checks, and follow up on references, chances are that you’ll have to evict someone at some point. If you’re a landlord, it’s just a fact of life.

Like death and taxes, there’s no getting out of the need to evict a troublesome tenant. But first make sure you have grounds to evict. You can’t simply eject a tenant for giving you a hard time. Although most cases of eviction start when the rent is in arrears, there are a few other situations where it’s permissible to evict someone:

Breaking aspects of the lease agreement, such as having pets or excessive noise.
Overstaying their lease once it has expired.
Causing major damage to the property (but keep in mind you will have to prove this in court.)

There is a very specific legal method for carrying out evictions. You must not try to evict someone without first jumping all the hoops. Changing the locks, or tossing out the tenant’s belongings will open you up to all sorts of legal ramifications. You must not violate the tenant’s rights in any way, if you want to win your case in court.

Learn The Law

Once you’ve decide you want a tenant out, the first thing to do is to read up on the law. Ideally, you’ll consult a lawyer with a lot of experience in dealing with tenancy laws, which can be complicated and full of pitfalls.

However, there are many resources that tell you exactly what steps you should take in your state to enact a legal eviction. If you follow those carefully, you shouldn’t run into too many problems. Having experienced legal help, however, may speed the process of eviction, which might be to your benefit. A letter from your lawyer might even pressure a tenant to shape up, or to leave willingly.

Generally, you will have to give your tenant a notice of eviction, and in some states, allow them time to correct the problem. If no grace period is required, or once it has expired, you can start the eviction process by filing for a court hearing. You will receive a hearing date, and prepare to lay out your case for the judge.

Presenting Your Case

If you do not have a lawyer speaking for you, you will want to have your evidence and testimony well organized. Be sure to practice beforehand. The pressure of the situation might make you lose your train of thought. Lay out the agreement you made with the tenant, the ways in which they violated the agreement, the steps you took to try to get cooperation, and finally, ask that you receive an order of eviction. The tenant will have an opportunity to say his piece, and the judge may ask you followup questions.

If you win your order of eviction, the tenant will have a grace period in which to leave. If he does not, you still may not change the locks yourself. You must have the local sheriff’s department enter the property and remove the tenants belongings. You can (and should) be present for this. Take pictures, because if the tenants have done any significant damage, you will be able to sue them in civil court.

Evicting a tenant is a very time-consuming and laborious process. You can avoid some of the inconvenience with good tenant screening practices, or, you can hire a property management company. As a part of their job, they will handle evictions for you.

How To Evict A Tenant