Nadel & Ciarlo, P.C.

How do you evict a tenant?

Evicting a tenant is something that must be done with care. It's a reality that there are steps landlords have to take to avoid violating a tenant's rights. At the end of the day, an eviction is nothing more than a business decision. You shouldn't make it personal, since that's when problems may arise.

Even the best tenant screening techniques won't guarantee success with a tenant. Things go wrong, and you may need to use eviction to help you get your tenant out and a new tenant in. You can't let a tenant stay in the home free of charge, and an eviction may be the only option for you as a landlord.

The Uniform Residential Landlord and Tenant Act is recognized in 21 states and creates a detailed explanation of evictions. Even if you're not familiar, there are some things you should know before you evict a tenant.

First, don't do an eviction without due process. Removing the tenant's items from the property, removing the tenant physically or shutting off the utilities isn't legal without a court order. You need to show the courts that you're a law-abiding citizen and can treat your tenants with respect. You also need to show that you have a valid reason for evicting the tenant. Rent that is past due, serious property damage and other concerns may be enough to have the eviction backed by the courts.

Eviction isn't always the best choice, but if it's the only one, then it's worth following the law and making sure all the appropriate legal steps are taken.

Source: Landlordology, "How to Evict a Tenant – The Eviction Process in 8 Easy Steps," Lucas Hall, accessed April 20, 2018

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