How To Evict A Tenant In As Little As 20 Days
Even the best of Landlords needs to one day deal with bad renters.
Who is a bad occupant?
As for me it is either a renter that is not paying rent, causing the damage to your property or violating the terms of their Lease Agreement. The most important one being, “Not Paying Rent”.
Why it is so? Because your rental is a business and without income, you are not in business. So it is quite essential to learn how to evict a tenant (or obtain your money) fast to get back on track.
What May You Evict A Tenant For? You are able to begin the eviction process for one of the following issues below:
1. Non-payment of rent (most common).
2. End of Lease/Agreement.
3. A pet is creating too much noise, is a nuisance to other tenants or considered dangerous.
4. The renter is in break of their lease agreement or rental agreement (too noisy, not keeping unit in order, overcrowding, etc.)
5. The Landlord desires to take possession of the unit for themselves, family members or new purchaser (at the end of a lease term or sale).
The Main take as little as 20 days, if the process is begun right now. Here is the general process (every State/County/Province can vary):
1. Deliver Renter 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 fee for this step but it’s less expensive than continuing to lose rent.
3. Have it served by a Process Server or somebody other than the Landlord or someone under the Landlord’s employment.
4. A “Return of Service” is done and returned by the Summons Server. A court date is established 7 to 10 days later.
5. If the tenant wants to fight the action, they will be demanded 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 “Judgment for Restitution”, the Judge will set an eviction date 3 to 7 days hence.
7. If the tenant has not left 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 demands and you do not have to have a Process Server summons the renter.
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