HOW TO EVICT A TENANT
We admit that this is an uncomfortable subject, but certainly a necessary one. Eviction is the process of dispossessing a person from a property, the act or process of officially forcing someone to leave a property (usually a tenant).
In today’s article we will enlighten you on the proper guidelines for Evicting a Tenant. “FASTEN YOUR SEAT BELTS”
The law concerning Eviction varies by jurisdiction. It is therefore ideal that what the law says about the removal of tenants with peculiarity to your country or state be strictly adhered to judiciously. Make your necessary findings and seek the help of a legal practitioner.
- Issue an Eviction Notice.
The tenant should be provided with a written Eviction Notice. This process can only take place if the tenant has flouted any of the fundamental terms(rules) stated in the lease agreement. These rules range from defaulting in rent payment, violating agreement, using of the rental property for illicit or immoral purposes, expiration of lease, property damage etc. In this case the landlord is in their rights to evict or eject such tenant from their rental property.
- File an Eviction Case at Your Local Courthouse.
Subsequently, if the tenant defaults in making outstanding payments or exiting the property after the stated time on the Eviction Notice. It is time to file the Eviction with your local courthouse. You will be required to make payment of some fees and then a hearing date would be scheduled.
- Get Necessary Documents Sorted.
The officials at the courthouse will request for documents that have been tendered to the tenant with regards to his or her eviction process, prior to this the tenant would have received a letter from the courthouse, summoning them for a court hearing.
- Prepare For Court.
As the hearing proceeds, you will be required to tender documents (Eviction Notice), payment records, proof of communications made overtime with the tenant, original signed lease by both parties, etc. If the judge finds the tenant guilty of the offence levelled against him by the landlord, he or she will be given a notice of when to vacate the premises. In some cases, the judge might rule in favour of the tenant and as such the landlord has no right to evict the tenant from the premise.
It is very important that due diligence be adhered to and every document or correspondence tendered, be carefully scrutinized by a legal practitioner.
We hope that this article has been able to educate you on the processes involved with Evicting a Tenant.
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REMEMBER: THE JOY’S OF AN EARLY START IS AN EARLY FINISH.