eHow launches Android app: Get the best of eHow on the go.

How To

How to evict for lease violations

Member
By ange7a
User-Submitted Article
(1 Ratings)

There is a common misconception that evicting someone for lease violations is difficult to do. Its actually pretty easy, you just need to know the right steps to take.

Difficulty: Moderately Easy
Instructions
  1. Step 1

    Its always easier to keep a resident then it is to get a resident, so give them a call the first time they violate their lease. Its not required that you do, but its just common courtesy.

  2. Step 2

    The second time (or first, if you chose not to do step one), put your concern into writing. If you've had a conversation about the lease violation previously, note that conversation and the date that it occurred. In this notice, give them a reasonable amount of time to correct the violation (for example, untagged vehicle in the driveway), or warn them that if the violation occurs again, you will proceed with eviction. I find that the most effective method of getting your point across is to include the part of your lease that relates specifically to this subject, and highlight the points that emphasize the violation and the consequences. Sometimes all the resident needs is a reminder that they are bound by contract.

  3. Step 3

    If the violation still continues, and you've adequately warned them with a notice stating that the violation must stop or they will be evicted, send them another notice. In this notice, cite the previous notice and conversation, state in detail the violation, and inform them that they have 30 days to vacate the premises.

  4. Step 4

    99% of the time, that is all you will need. The resident will pack up and leave without resisting. (Well, they'll be upset and they'll likely have a thing or two to say about it, but they'll usually move out.) However, if you have difficulty because they refuse to leave, you'll need to pop into the courthouse to file for tenant holding over.

  5. Step 5

    After the judge has issued judgment, if your resident still will not leave, you may have to file for the sheriff and have them evicted "manually", for lack of a better word. I have never seen an eviction for lease violation go past step 3 though, so the likelihood of it going this far is probably slim.

Tips & Warnings
  • Generally whenever I've gone through this process, after sending the 30-day notice, residents seem very compliant to suddenly follow the rules. If you choose to forgive the resident's violation after you've already sent the 30-day notice, you may find yourself with the best tenant you've ever had. In my experience, I've only had a couple of people still go on to violate their lease after we've allowed them to stay in spite of the initial 30-day notice. If you end up having to send a second 30-day notice, you don't have to worry about the steps before that point unless they are committing a different unrelated violation. Its up to you how to respond in this situation, but keep in mind that you cannot violate Fair Housing. If you've had a resident in this situation in the past, regardless of your actions, be sure to have adequate documentation or reasoning behind your previous and current response to the situation, even if that means simply writing a note in your resident's file.
  • This has been quoted based on Maryland Landlord Tenant Code. Please check your local laws if you are not concerned over a tenant in Maryland.
Subscribe

Post a Comment

Post a Comment

Related Ads

  • Have you done this? Click here to let us know.
I Did This
Get Free Personal Finance Newsletters

Copyright © 1999-2009 eHow, Inc. Use of this web site constitutes acceptance of the eHow Terms of Use and Privacy Policy .   en-US Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. † requires javascript

eHow Personal Finance
eHow_eHow Business and Finance