Picture this: Your phone is ringing off the hook at 2 a.m. because one of your tenants has the police at their door for the third time this month. Your tenant's neighbors are calling you because they are concerned for the safety of the neighborhood. You feel like you don't have a choice but to terminate the lease and remove them from your property.
Are you allowed to evict this tenant? How do you convince them to leave of their own volition? Do you have to go to court?
Continue reading to learn how to evict a tenant from a rental property (without violating your tenant's rights) with these tips for landlords.
Understand Local Eviction Laws
Each state has specific eviction laws that you must follow as a landlord when evicting a tenant.
It's essential for the strength of your case that you review your state's landlord-tenant laws and the laws within the local municipality. If you aren't sure where to start, reach out to a property management agency, like Pristine Property Management, for assistance.
Have Grounds for Eviction
You have to be sure that you have a valid reason to evict your tenants (and evidence to back it up). This means you can give an eviction notice to tenants who violate their lease, destroy the rental property, or fail to pay their rent.
You can't evict a tenant because you've had a disagreement with them, they need an emotional support animal, or they are withholding rent while they await the resolution of a health/safety concern.
The Fair Housing Act also safeguards protected classes from being unfairly discriminated against—this could mean that they have eviction protection.
Reason With Your Tenants
No one wants an eviction to show up on their rental history, and going to court can be time-consuming and expensive.
If you talk with them before serving them with papers (and explain why they need to leave), they might agree to leave at your request.
Give Your Tenants an Eviction Notice
If reasoning with your tenants doesn't work out, your hands are tied. You have to continue with the eviction process. Send your tenant a "Notice to Quit" and file the correct paperwork with the local Clerk of Courts.
At this point, you might have to go before a judge to explain why you want the tenant to leave your rental property. If the judge sides with you, they will demand that the tenants leave the property. You might even have to get assistance from law enforcement to remove them.
How to Evict a Tenant
Now that you know how to evict a tenant legally, it's time to take action. A property manager can help you navigate this new domain in your time as a landlord—and make the entire process just a little bit easier. They can also help you find the right tenants to move into your newly vacated rental property.
Contact Pristine Property Management in Miami today with any questions you might have about serving evictions or acquiring property management services for your rental property. We look forward to working with you.