Even the best of Landlords needs to one day deal with bad tenants.
What is a bad tenant?
To me it is either a tenant that is not paying rent, destroying your property or breaking the terms of their Lease Agreement or Rental Agreement. The most important one being, “Not Paying Rent”.
Because your rental is a business and without income, you are not IN BUSINESS. So it is VERY important to know how to evict a tenant (or get your money) quickly to get back on track.
What Can You Evict A Tenant For? You can begin the eviction process for one of the following issues below: Non-payment of rent or consistent non-payment of rent (most common). End of Lease/Agreement. A pet is making too much noise, is a nuisance to other tenants or considered dangerous. The tenant is in violation of their lease agreement or rental agreement (too noisy, not keeping unit in order, overcrowding, etc.) The Landlord wishes to take possession of the unit for themselves, family members or new purchaser (at the end of a lease term or sale). Eviction Process
The process can take as little as 20 days, if the process is started right away. Here is the general process (each State/County/Province may vary):
1. Serve Tenant a 3 to 5 day “Notice to Pay or Quit”. I also include a stern Eviction Consequences Letter outlining the costs that they may incur as a result. 2. If not remedied, file a “Application for Eviction” in your local county court system. There is a cost to this step but it’s cheaper than continuing to lose rent. 3. Have it served by a Process Server or someone other than the Landlord or someone under the Landlord’s employment. 4. A “Return of Service” is completed and returned by the Summons Server. A court date is set 7 to 10 days later. 5. If the tenant wants to fight the action, they will be required to file an “Answer” or “Appearance” before the court date. 6. On the court date, the Judge will decide the outcome and if you are awarded a “Judgement for Restitution”, the Judge will set an eviction date 3 to 7 days hence. 7. If the tenant has not removed themselves, you can file a “Writ of Restitution” with the local Sheriff’s Office whom will remove the tenant.
The difference for Canadian Landlords is in the name of the eviction forms, time requirements and you do not have to have a Process Server summons the tenant.
You can find more tenant eviction information or How To Rent Your House info at my blog listing (how to evict a tenant).
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