The document provides a comprehensive guide on the eviction process for landlords, outlining 13 key considerations including tenant screening, legal procedures, types of eviction notices, and court preparation. It emphasizes the importance of adhering to local laws to avoid legal repercussions and offers advice on collecting past-due rent and preventing future evictions. Ultimately, the guide underscores the necessity of following proper legal channels instead of attempting self-eviction actions.

1. 13 Key Considerations to Evicting a Tenant I
Key Considerations
VerticalRent's Comprehensive Guide to Evicting Tenants
To
Evicting
a Tenant

2. Copyright © 2016 by VerticalRent
All rights reserved. Published in the United States of
America.
DISCLAIMER
VerticalRent does not take any credit for creating the images found in this book,
these files are acquired from various sources which outwardly claim to be “public
domain,” and as such no copyrighted images are included with the knowledge of the
publisher of this book. The common sense tips in this e-book should not be
construed as legal advice. These are guidelines that will help you as a landlord,
property manager, or tenant screening provider. Local laws and regulations may differ
in your area. Be sure to consult with an attorney before rejecting an applicant and
ensure you are following fair housing laws.

3. Contents
Introduction............................................................................................................................................................2
Tenant Screening.....................................................................................................2
Staying Legal...........................................................................................................2
Legalities.................................................................................................................................................................3
Consider Whether You Really Want to Evict.............................................................4
Providing Notice of Eviction....................................................................................4
Types of Notices.......................................................................................................4
Pay Rent or Quit Notice............................................................................................4
The Eviction Process..............................................................................................................................................4
Cure or Quit Notice..................................................................................................5
Unconditional Quit Notice........................................................................................5
Eviction Notice without Cause.................................................................................6
Should You Hire an Attorney?..................................................................................6
Filing for Eviction.....................................................................................................7
Preparing for Court................................................................................................................................................7
Evicting the Tenant................................................................................................................................................8
How to Collect Past-Due Rent...................................................................................9
Avoiding Evictions in the Future.......................................................................................................................10
Conclusion..............................................................................................................................................................11

4. 13 Key Considerations to Evicting a Tenant 2
Tenant Screening
As important as tenant screening is to run a successful property rental business,
it’s not foolproof. Even tenants with the best of intentions can be late on the rent,
and despite your best efforts to build a good relationship with tenants, that
relationship can still go south. The reality is that no matter how good of a landlord
you may be, there will still probably come a point in your career where you need to
evict a tenant.
When that time comes, you need to understand the proper process for doing so.
Introduction

5. 13 Key Considerations to Evicting a Tenant 3
Staying Legal
In order to end a lease agreement prior to its
expiration date, there are certain legal
procedures that need to be followed.
Straying from that process not only could
result in you losing your eviction case but
could also cause you to be brought to civil
court and could result in you losing your
reputation.
First, it’s important to determine whether you
even have a basis for evicting the tenant in
question. Most eviction cases are due to the
tenant failing to pay the rent on time, but there could be other reasons for evicting
a tenant, such as:
ØBreaking specific rules of the lease, such as guest limitations, noise restrictions,
pet rules, etc.
ØCausing significant damage to the property.
ØStaying on the property following the expiration of the lease; this is known as a
holdover.
ØIn most states, landlords are required to provide tenants with notices of any
minor infractions along with a sufficient amount of time for correcting those
issues before eviction proceedings can begin. Landlord-tenant laws vary among
states. If you fail to provide your tenant with a warning, it is entirely possible
that a judge could side with the tenant if the case ever makes its way to court.
Once you have determined that you do have a legal basis for evicting the tenant,
the next step is to ensure you are familiar with the Landlord and Tenant Act. This
act sets out the legal process that must be followed for evicting tenants. If you miss
even a small part of this process, not only could you lose your own case, the tenant
could actually have grounds for suing you in civil court.
Legalities

6. 13 Key Considerations to Evicting a Tenant 4
Consider Whether You Really Want to Evict
Everyone is human and makes mistakes.
Even tenants with the best of intentions
can have money problems and fall behind
on the rent. Following through with the
eviction process can be time-consuming
as well as expensive for a landlord. If you
are concerned that the court might not
side with you or if you would like to avoid
the expense and hassle of the eviction
process, consider trying to reason with
your tenants. This could be particularly
helpful if this is the first time you’ve had a problem with your tenants. You might be
surprised at how much success you can achieve by simply having an understanding
but firm conversation with your tenants about the issue at hand. If this doesn’t work,
you may have no choice but to pursue eviction, but it is certainly worth a try.
Providing Notice of Eviction
In most states, landlords are required to provide tenants with written notice before
filing for an eviction.
Types of Notices
The terminology tends to vary among states, but there are three types of termination
notices that landlords may provide to problematic tenants.
The Eviction Process

7. 513 Key Considerations to Evicting a Tenant
Pay Rent or Quit Notice
This type of notice is used when the tenant
fails to pay the rent. The tenant is provided
with a specific timeframe to pay the rent or
vacate the property. It’s not uncommon for
landlords to run into problems by accepting
even a partial payment during this phase of
the process. In many jurisdictions, even a
partial payment of rent, regardless of how
small, could result in the eviction case being dismissed. If your tenant is behind on
the rent, take care not to accept even a partial payment or you could find yourself
in trouble and at risk of losing your case even if the tenant fails to pay the remainder
of the rent.
Cure or Quit Notice
This type of notice is usually given when a tenant has violated a term of the lease
agreement, such as no pets, making excessive noise, or exceeding the maximum
number of guests. The tenant is usually given a set amount of time in which to
correct the violation or face an eviction lawsuit.
Unconditional Quit Notice
With this notice, the tenant is ordered to vacate the property without the chance to
pay the rent or correct a violation of the lease agreement. Unconditional quit notices
are only allowed in most states when the tenant has violated a clause of the lease
agreement repeatedly, been late with the rent on more than one instance, caused
serious damage to the property, or engaged in illegal activity.

8. 613 Key Considerations to Evicting a Tenant
Eviction Notice without Cause
A 30-day or 60-day notice to vacate may also be used for ending month-to-month
rentals even in cases in which the tenant has not actually done anything wrong. This
type of notice is not allowed in many rent control cities. In such cities, the landlord
is required to provide a legally valid reason for evicting tenants.
If you are required to provide the tenant with time to correct the relevant issue
before filing for eviction, the notice must state this amount of time. Your notice
should include the date of delivery, as well as the timeframe for correcting the
problem (if relevant) and the date the eviction will be filed. The notice should either
be hand delivered to the tenant or left posted on the front door of the property.
Should You Hire an Attorney?
When preparing to file for eviction, many landlords often wonder whether they
should hire an attorney. If you own multiple properties, you might find it beneficial
to have an already established relationship with an attorney. Your attorney will be
able to advise you of issues related to eviction as well as handle any legal actions
related to possible evictions. In fact, you may find that you save money by paying a
flat fee for certain legal tasks rather than hiring an attorney on a case-by-case basis.
It’s also important for landlords to be aware that landlord-tenant laws can vary,
oftentimes significantly, among states as well as jurisdictions. Additionally, if you
manage properties that are government subsidized, you may be restricted by
additional federal or state regulations.

9. 713 Key Considerations to Evicting a Tenant
Filing for Eviction
In the event that you are required to provide the tenant with notice, you may file the
actual eviction the morning following the expiration of the waiting period. This can
be done at your local courthouse. Be aware that you will need to pay a fee to begin
the eviction process. After the paperwork has been completed, the clerk will provide
you with a hearing date. Your tenant will be notified by the court.
Be aware that tenants may also mount a defense. If your tenant elects to do so, it
could add significant time to the eviction process. Tenants could highlight mistakes
made in the notice of eviction itself, in the way the notice was delivered, etc., all in
an attempt to have the case dismissed or delayed. Your previous relationship with
the tenant could also be called into question. For instance, if you have retaliated
against the tenant or if the tenant can prove that your unit is uninhabitable, your
chances of winning your case could be seriously diminished.

10. 13 Key Considerations to Evicting a Tenant 8
Preparing for Court
Prior to your court date, it is important that you take
the time to prepare for the hearing. This includes
gathering any supporting documentation you may
have, such as copies of written notices, the lease
agreement, bank statements proving missed rent
payments, and any communication you may have had
with the tenant. One of the most common mistakes
that many landlords make when an eviction case goes
to trial is failing to have sufficient evidence. Make sure
you do not lose your case due to this. You should also
prepare your statements to the judge so you will feel
comfortable on the day of the hearing.
Bear in mind that during the actual hearing, you and the tenant will have an
opportunity to speak. The judge will then arrive at a decision to continue the eviction
or decide in the favor of the tenant, allowing him or her to remain on the property.
If the judge decides in your favor, you will be provided with instructions for eviction.

11. 13 Key Considerations to Evicting a Tenant 9
Evicting the Tenant
Following the hearing, if you have won the
case, the tenant will be provided with a
specified amount of time for leaving the
property. In some states, tenants may be
required to vacate in less than 48 hours.
Other states allow a maximum of five days.
This time period varies among states, so
be sure you are aware of what your state
allows. If the tenant has not vacated the
property within the specified amount of
time, you will need to arrange with your local sheriff to visit the property. The sheriff
will remove the tenant, and any personal possessions of the tenant will be placed
outside the property. This is a good time to inspect the property for any possible
damage. Take photos to document any damage. If there is damage, you could bring
the tenant back to civil court.
How to Collect Past-Due Rent
Keep in mind that just because you have successfully evicted a tenant, that does
not necessarily mean you will automatically receive the back rent owed to you. In
some small claims courts, you may be able to combine an eviction case with a small
claims lawsuit, which will allow you to sue the tenant for back rent.

12. 1013 Key Considerations to Evicting a Tenant
This is not the case with all local courts, which means if your court does not allow
this, you will need to file a separate case.
In the event the judge makes a determination that you are owed past-due rent by
the tenant, you will receive a judgment, which is basically a court order. This court
order can be provided to your tenant’s employer, forcing the employer to garnish
the tenant’s wages. You will be paid before the tenant is paid.
Beyond garnishing a tenant’s wages, another option would be to garnish his or her
tax refund. You could also use a private debt collector, which will help you to collect
your unpaid rent and ensure the debt is reported to the credit bureaus so that other
landlords can be made aware.

13. 13 Key Considerations to Evicting a Tenant 11
Avoiding Evictions in the Future
Regardless of the reason, evicting a tenant can be time-consuming as well as
expensive. It can eat up resources that could be dedicated to other parts of your
business. The best way to handle an eviction is to avoid it in the first place. The
most effective way to do that is by screening prospective clients before they ever
move into one of your properties. VerticalRent offers a comprehensive tenant
screening service that allows you to gather all of the details you need about an
applicant so you can make an informed decision. Find out what you need to know
about an applicant’s financial history with tenant credit reports while ensuring
applicants do not have a criminal history and have not been evicted elsewhere with
background and eviction checks.

14. 13 Key Considerations to Evicting a Tenant 12
Conclusion
Keep in mind that it is imperative that you do not attempt to self-evict a
tenant. Removing the tenant’s belongings, changing the locks on the door,
or shutting off the utilities are all examples of attempting to evict the tenant
on your own, and such activities can have serious legal repercussions. The
tenant could even sue you. If you have a problem tenant, whether he or she is not
paying the rent on time, failing to follow the rules, or damaging the property, you
could have serious grounds for eviction, but it is important to follow the legal
procedure in your state for evicting your tenant.