When you have a rental property and a tenant is not working out, eviction may be necessary. The eviction process can be uncomfortable and difficult but process service does not have to be. Follow the steps below to complete the eviction process, including legally notifying the tenant of eviction, to protect you and get eviction completed as quickly and painlessly as possible.
Eviction Process in 5 Simple Steps
- Deliver the notice to terminate the lease (you must provide 5-day notice or notice to pay or quit)
If a tenant has broken the terms of their lease such as failing to pay rent or violating the terms of their lease in some way, you have the legal right to terminate their lease. But, to do so, you are legally required to provide notice to the tenant. Typically you must provide 5 days of notice but in some circumstances, it may be 10 so check to see what you are legally required to do.
- File the court summons and eviction complaint (eviction action/special detainer) and select a court date.
Once you have provided notice, you can file a court summons and eviction complaint against your tenant. When choosing a court date be sure to choose one that is at least 7 days or more from the date you file to ensure you have adequate time to safely and properly serve your tenant with the necessary paperwork.
- Serve your summons and complaint via process service.
Evictions tend to be contentious so it is best to hire a process server to complete your tenant’s legal right to process service. Even if a tenant is agreeable, it is always safest for you and protects your case against any delays or problems, to have an experienced and knowledgeable process server complete the task. The tenant must receive their documents at least 48 hours prior to the assigned court date.
- Show up to court.
This is where the court system takes over. The judge will hear your case, as well as your tenant’s case if they are contesting the eviction. A judge will determine if restitution for damages is required and will grant your eviction to reclaim your property if you win the case.
- Collect rent owed and other damages.
Once you have won your case, you will want to collect the money owed to you. If they refuse to pay, you will have to take them to small claims court and file a summons or complaint which will have necessary legal steps of its own.
What are the tips for handling eviction processes?
Eviction processes can be dreadful and length. In most cases, it costs additional money to move tenants from a property. Landlords have to contemplate many things that they need to evict a tenant. They should go through every required legal step to ensure staying compliant with their entire eviction process.
Payment-related processes are the main concern for many landlords. If they want to avoid any payment issues, it is essential to find out whether a new tenant can pay the required rent. There are many ways to find out about this factor, such as examining credit reports, income insights, and resident scores. Credit reports are essential to find out about the existing debts levels of a tenant and other important financial information. Landlords can also get a specialized credit report from online sites while screening tenants. All this information helps them to find qualified tenants who will rent on time.
When handling uncooperative tenants, the eviction process could get length and complex. In such situations, preparations are vital to handle the overwhelming proceedings. In general, it may take three or four weeks for this to complete. Depending on the specifics of the residence, it could be even longer than the specified time. Subsequently, a longer time means more expenses for the landlord. They may find themselves spending unnecessary amounts on uncooperative tenants. In that situation, it is essential to avoid a length of eviction as much as possible. Try to settle deals in a quick manner for faster completions.
Lastly, studies show that evictions cost around $3500 dollars on average. The rate could go up to several thousand depending on the complexity of a case. Hence, landlords should factor in all court costs, legal expenses, financial damages, property repair, and other monetary needs to avoid a process from getting into a costly one.