How to Evict a Tenant for Property Damage
Sometimes you rent to a person who seems like an excellent tenant but you eventually realize otherwise. Sometimes you even discover the tenant has caused property damage. Many property owners will wait for the lease to end and then not renew; in other cases, it is necessary to react immediately. Even if the tenant has consistent made timely rent payments, you can still initiate eviction proceedings.
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Instructions
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Document the damage. Keep a camera with you whenever you visit your properties. If anything is broken or seriously out of order, take a photograph and put it in the tenant's folder. Make sure the date and extent of the problem are noted.
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Give the tenant a written warning to fix the damage or vacate. If the damage continues, ask the tenant to leave.
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Give a 30-day written notice if the lease is month-to-month. You can issue a 30-day written notice for just about any cause. For any other breach of the lease, such as repeated property damage, you may issue a 10-day written notice to move. This timeline varies by state.
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File an eviction lawsuit against the tenant if the tenant refuses to move. During the eviction trial, the judge will hear both sides. You must present solid evidence of the damage and its frequency. A judge determining that eviction is warranted will issue the tenant a move date and an amount to pay you, which may include court costs. If the judge finds no reason to evict the tenant, the judge will cancel the eviction and possibly have you pay the tenant’s court costs. This is why you must have solid proof that the tenant is causing enough damage to warrant immediate eviction.
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Tips & Warnings
Be able to document your claims.
It is important to omit no steps so you can proceed legally.
References
- Photo Credit George Doyle/Stockbyte/Getty Images
