The Eviction Process from Beginning to End

Introduction to Evictions

An eviction is a formal legal process that allows a landlord to remove a tenant from a rental property when certain conditions are not met, such as non-payment of rent or violation of the lease agreement. The eviction process typically begins with the landlord providing a written notice to the tenant, outlining the reason for the potential eviction and giving the tenant an opportunity to remedy the situation. If the issue is not resolved, the landlord may proceed by filing an eviction lawsuit in court. Most jurisdictions require landlords to follow strict procedures, including giving proper notice and obtaining a court order before they can legally evict tenants. Understanding each step of the eviction process is crucial for both landlords and tenants to ensure that their rights are protected and that the legal process is followed correctly.

Knowing That Eviction Is Part of the Business

For some landlords, the idea of starting an eviction may be scary, especially if you like your tenants for the most part. However, many landlords encounter the need to evict a tenant during their careers, making it a common part of property management. As a landlord, you need to know that managing your rentals is part of the business and, if necessary, so is an eviction. It is nothing personal, so you need to take your personal feelings out of the potential eviction in order for it to be successful. This is the type of mindset you must have in order to push the eviction along. Otherwise, you may end up side-tracked with an eviction that is taking much longer than it should. Eviction may seem like it is harsh, but if the tenants are not paying rent, it is something that is necessary.

Understanding the Lease Agreement

A lease agreement is the foundation of the landlord-tenant relationship, setting out the terms and conditions for living in a rental property. This contract should clearly state the amount of rent, payment due dates, lease terms, and the responsibilities of both parties. For landlords, having a well-drafted lease agreement helps prevent misunderstandings and can be critical if eviction proceedings become necessary. Tenants should carefully review the lease agreement before signing to fully understand their obligations and rights, which can help them avoid potential eviction. In Texas, for example, resources like the Texas Tenant Advisor offer valuable guidance on lease agreements and tenant rights, helping both landlords and tenants navigate the rental process and avoid disputes that could lead to eviction.

Never Take Matters into Your Own Hands

Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. Some examples of things you cannot do without going through the necessary legal steps include:

• removing the tenant from the property by force; only a law enforcement officer, acting on a court order such as a writ of possession, can legally remove a tenant from the premises;

• removing the belongings of your tenants from the property; landlords must follow legal procedures regarding a tenant's personal belongings left behind after an eviction, which may include holding the items for a certain period or following specific notice requirements;

• changing the locks on the home and essentially locking them out of the property;

• turning off any essential utilities to the property such as water, gas, and electric; and

• harassing the tenants as a way to make them leave the property.

You will need to go through with the eviction process in order to remove the tenants from your property even if you think it may be easier and faster to do things without following the rules.

Make Sure You Have a Valid Reason for Eviction

You cannot evict someone just because you do not like them. Before you start the eviction process, you need to ensure that you have a legal and valid reason for the eviction, such as a breach of the rental agreement, or you may find that the judge will not rule in your favor. Some common reasons that are enough to begin the eviction process include:

• failing to pay rent on time or at all (also known as unpaid rent);

• violating terms of the lease or rental agreement, such as having unapproved pets;

• causing a lot of property damage to the rental;

• engaging in illegal activity on the property;

• breaking any occupancy, noise, or health ordinances; and

• causing health or safety hazards in the property.

Reporting housing code violations is a protected tenant activity and cannot be used as grounds to evict a tenant.

Even if you do have a situation that falls within one of these categories, you will need to have documented proof before you can do anything. Make sure you document everything so that you can back your case up in the court room.

Present the Formal Eviction Notice

If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process for your rental unit, whether it is an apartment, house, or other type of property. To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants, as the required notice varies by jurisdiction. State laws may require a certain amount of time between posting the notice and filing it with the court, so be sure to comply with these legal procedures. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for tenants to either remedy the situation or vacate the property before you file for an eviction.

• Detail how much tenants owe you (if the issue is failure to pay rent) including any fees.

• Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements.

• Put the notice on the front door of the property. You should also send it to the tenants through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice.

• Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts.

Formally File for Eviction

If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction (the amount for the fee will depend on your local courthouse). Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly. The court will also notify the tenant for you in the form of a summons.

When you go to file, your local courthouse may also require that you provide them with proof that you have given the tenant the proper amount of time with the eviction notice according to your state laws. This is where you will provide them with your certified mail receipt. After you have filed for the eviction, all you will have to do is prepare for and attend the court hearing where you will meet in front of the judge with the tenant to determine the outcome.

Prepare for the Hearing

Before you head into the eviction hearing, you will need to prepare all of the documentation you need to prove your case. At the very basic level, you need the following documents:

• The lease agreement

• Any bounced checks from the tenant

• Records of all payments, including any back rent, no matter the kind

• Records of all communication between you and the tenant, which includes emails or phone calls

• A copy of the eviction notice that was provided to the tenant

• Proof of when they received the notice, which is the receipt from USPS

• Statements or written testimony from other tenants who can serve as witnesses regarding tenant behavior or property conditions

You may need some other items depending on your reasoning for the evictions. Typically, if a tenant comes to the court hearing, they will try to do everything to prove their innocence, and you need to ensure that you have everything you need to prove your case. If you are unsure of whether you will need something, bring it anyway just in case. You will be thankful that you have it even if you do not need it as opposed to not having it and needing it for the court case.

Evicting the Tenant

If the landlord wins the case in court, the judge will issue a writ—such as a writ of possession—authorizing law enforcement to remove the tenant and their personal belongings from the rental unit or apartment if they do not vacate voluntarily. This writ is an official court order, and both you and the tenant will receive a copy of the ruling. If the tenant does not show up in court, some judges may automatically rule in your favor, so it is always a good idea to go even if you think they may not come. The amount of time that the tenant is given to leave the property may vary, but it can range depending on your local laws from 48 hours to 7 full days. Either way, the end is in sight.

If they have not left by the date on the court order, you can then have someone from your local Sheriff’s department physically come and escort them and all of their belongings out of the property under the authority of the writ. In some areas, you may have to pay a crew to meet the Sheriff so that the removal from the property is fairly fast and efficient. This is another cost that will have to be paid by you as the landlord. After the Sheriff has transferred possession of the property back to you, you may want to change the locks—also at your own expense—so they cannot get back into the property later. At this point, the eviction process is completed in full and you should have your property back so you can rent it out again.

Evicting Multiple Tenants

Evicting multiple tenants from a rental property can present unique challenges, especially when each tenant has a separate lease agreement. Landlords must provide written notice to every tenant involved, ensuring that each notice complies with local laws and the terms of the individual lease agreements. In some situations, landlords may need to file separate eviction lawsuits for each tenant, particularly if the tenants are not jointly responsible under a single lease. Housing courts may have specific procedures for handling cases involving multiple tenants, so it is important for landlords to research and follow the correct process. By providing proper written notice and adhering to the rules of the courts, landlords can help ensure that the eviction process is handled legally and efficiently.

How to Get Past-Due Rent from an Eviction

Unpaid rent is a common reason for eviction and is the focus of this section. Since failure to pay rent on time or at all is a common reason that people are evicted from properties, there are some local courts that will allow you to file for eviction as well as a small claims suit at the same time to recover unpaid rent. However, if you are not allowed to do this, typically on the court order for the tenant to leave, there will be a component that mentions exactly how much money is owed to the landlord and when it should be repaid. This is called a judgment. If you do not get this money from the tenant, you do have a few options to still get your money.

• File a claim in small claims court to get the funds – Use your eviction court order and your judgment that was provided to you during the hearing to get this process started. There is typically another filing fee for you to file with the court.

• Garnish their wages – You may be able to take your judgment to their employer so that the garnishments may be made. Some courts require that this comes through them, so you should check with your local laws before doing anything.

• Use a private debt collector – The last option is to use a private debt collector to get the funds. You will have to pay them for the services, but they will report the debt to the three major credit bureaus. This also helps other landlords know that this person may not be a good tenant when they run the credit check.

Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later.

Paying Rent on Time

For tenants, paying rent on time is one of the most important ways to avoid eviction proceedings. The lease agreement will specify the rent amount, due date, and acceptable payment methods, so tenants should familiarize themselves with these terms from the start. Landlords should also make the rent payment process clear and communicate any consequences for late payments. In many states, failure to pay rent on time can quickly lead to eviction notices and legal action. To avoid eviction, tenants should prioritize paying rent promptly and reach out to their landlord if they encounter financial difficulties. Open communication can sometimes lead to payment arrangements or other solutions, helping tenants maintain their housing and avoid the stress and expense of eviction proceedings.

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