Tenant Screening

1. How do you evict a tenant?
by Kelly Gontarski
StarPointTenantScreening.com
Below is a walk‐through of the eviction process, including the termination notices required for different
situations.
It’s an unpleasant situation, and a costly one. It’s one that can possibly be avoided with proper tenant
screening, but we’ll get back to that. We’ll walk through the eviction process so you have a road map to
navigate this frustrating process.
The first thing you need to be aware of is a landlord can't begin an eviction lawsuit without first legally
terminating the tenant’s status as a current tenant. This means you have to give the tenant written
notice, as specified in the state's termination statute Landlord and Tenant Laws by State If the tenant
doesn't move or address and correct the outstanding issues (pay rent, remove pet, etc) you can then file
a lawsuit to evict. This is referred to as an unlawful detainer, or UD, lawsuit.)
Please check your state laws to end a tenancy. Each state has its own procedures as to how termination
notices and eviction papers must be written and delivered ("served"). Landlord and Tenant Laws by
State
Termination With Cause
Terminology varies from state to state, but there are basically three types of termination notices for
tenancies that landlords terminate due to tenant misbehavior:
• Pay Rent or Quit Notices. This is typically used when the tenant has not paid the rent. They give the
tenant a few days (three to five in most states) to pay the rent or move out ("quit").
• Cure or Quit Notices. This is typically given after a tenant violates a term or condition of the lease or
rental agreement, such as a no‐pets clause or the requirement to refrain from making excessive
noise. Usually, the tenant has a set amount of time in which to correct, or "cure," the violation. A
tenant who fails to do so must move or face the possibility of an eviction lawsuit.
• Unconditional Quit Notices. This one is the most severe. They order the tenant to vacate the
premises with no chance to pay the rent or correct a lease or rental agreement violation. In most
states, unconditional quit notices are allowed only when the tenant has:
o repeatedly violated a significant lease or rental agreement clause
o been late with the rent on more than one occasion
o seriously damaged the premises, or
o engaged in serious illegal activity, such as drug dealing on the premises.

2. Unfortunately, after receiving notice, some tenants won't leave or fix the lease or rental agreement
violation. If you still want the tenant to leave, you must begin an unlawful detainer lawsuit by properly
serving the tenant with a summons and complaint for eviction.
Notice for Termination Without Cause
The most common notice landlords use is a 30‐Day or 60‐Day Notice to Vacate to end a month‐to‐
month tenancy when the tenant has not done anything wrong. Many rent control cities, however, do
not allow this.
Tenant Defenses
In the case where the tenant chooses to defend themselves, get ready for delays. It may add weeks and
even months to the process. A tenant will often point to errors the landlord or property manager made
in handling the very specific eviction process, or their poor custodianship of the property, it’s upkeep
and the timeliness of response to tenant complaints regarding repairs/issues.
Removal of the Tenant
If you do win the unlawful detainer lawsuit, you will get a judgment for possession of the property
and/or for unpaid rent. But you can't just move the tenant and his things out onto the sidewalk ‐‐ trying
to remove a tenant yourself can cause a lot of trouble. (For more information, see Nolo's article Don't
Lock Out or Freeze Out a Tenant ‐‐ It's Illegal.)
All that said, evicting a tenant is obviously a BIG headache. Avoid it if you can.
No tenant screening process is fool proof but using these inexpensive reports and tools can sure give
you a huge advantage in avoiding potential disasters.
Look at the average cost of evicting a tenant:
Court Costs: $80 +Attorney Fees: $150 + Rent Past Due: $1,500 + Damages: $1,000
+ Cleaning/Rent $350+
__________________
Average Cost: $3,083
By running an Eviction Search and possibly a Credit Report, for a total cost of under $20‐$25 from most
vendors, a lot of money, and aggravation could be saved. An Eviction Report searches for all eviction
records by state or all states that match the tenant’s name and date of birth. The credit report will show
you any public records filed on the tenant such as judgments and liens. It’s important to run both
reports as an eviction may not always be reported as a judgment or lien if the tenant was not found at
fault. The Eviction report however will show that an eviction was filed. Some companies will even give

3. you a free previous address report with your Eviction report to further corroborate the tenant’s
activities
Remember: an ounce of prevention is worth a pound of cure.
Happy renting from StarPoint Tenant Screening!
To learn more about evicting a tenant or ending a lease, visit NOLO. I’m a big a big fan of their unbiased
free legal info.
• Can I change the locks on a tenant's guest who refuses to leave?
• How Evictions Work: Rules for Landlords and Property Managers
• Don't Lock Out or Freeze Out a Tenant ‐‐ It's Illegal
• How do we get the tenant to move, so we can sell?
• Chart: Deadline for Returning Security Deposits, State‐by‐State
Evicting a resident is costly and time consuming. Calculations based on our eviction database, using
known facts and estimates, show these average costs:
Court Costs: $80 +
Attorney Fees: $150 +
Rent Past Due: $1,500 +
Damages: $1,000 +
Cleaning/Rent $350 +
__________________
Average: $3,083
Why are evictions missing from Credit Reports? Credit Bureau's must match the public record filing
with maximum possible accuracy of a match to the consumer credit file. Most evictions are filed using
only a defendant's name and the current address. Since the eviction filing doesn't include a date of birth
or social security number, the credit bureau cannot match the eviction to a consumer credit file.