There are different reasons why a landlord finds it necessary to learn exactly how to legally evict a tenant; Whether for serious breaches of the contract, for damaging the property, for lack of payment, or because the property needs to be used for personal purposes, it is important that the owners be careful with the way in which they notify and carry out the process to evict a tenant for the purpose of avoiding legal trouble.
Take into account these five recommendations that have been shared with us and carry out this process safely and quickly, taking care of your assets without affecting third parties.
How to Legally Evict A Tenant From Your Property
Notify the tenant in advance
The first step to evicting a tenant, without falling into a serious legal offense, is to notify him in advance of your request and the reasons why you are making this request. There are three different types of notices for cause prior to taking legal action in the process to evict a tenant:
The first is granted when a tenant has not made timely payment of rent and his accumulated debt is in danger of increasing. In this case, the landlord will give a specific period in which the debt must be paid, from five to seven days, or the tenant must vacate the property.
The second class of notice is called a cure or abandonment and is sent to tenants who failed a minor clause of the lease, such as misusing the facilities, causing minor but constant damage, introducing animals in prohibited spaces, smoking in smoke-free spaces, among many other offenses.
In this case, the tenant will be granted a negotiable period to repair said fault or must leave the premises before a legal eviction process begins.
Read Also: The Rights Of Tenants Without Contracts
The third type of notice to evict a tenant is called unconditional abandonment and its main characteristic is that it is the strictest of the three types of notices. This notification does not give the tenants the opportunity to continue inhabiting the property, even if they have the interest to amend what happened. Due to their severity, these notifications can only be given when a tenant has incurred major breaches of the lease or that endanger the safety of others, for example:
- Accumulate a debt of more than three months of rent
- Have received a notice of correction and ignore
- Carry out illegal activities
- Have seriously damaged property
Support the causes with the lease
A real estate lease is a document that legalizes the process of renting a property as a home, commercial premises or for the purposes that are most convenient for a third party. It stipulates the complete data of the landlord, the tenant and the house to be rented.
It also serves as protection for both parties in case their rights are in danger, while granting them essential obligations to maintain a cordial relationship and mutual respect.
The clauses of a lease are essential at the time of evicting a tenant since they work as a backup against any claim that both the landlord and the tenant need to make.
As a property owner, you need to clearly write all the rules that a tenant must follow to avoid having personal and legal problems.
From the use that must be given to the property, special clauses about remodeling or subleases, the exact amount to pay for the rent of the house, how often this payment must be made and different special conditions that will ensure that the eviction process is beneficial to you.
Likewise, it is very important to avoid drafting abusive clauses in the lease contract that instead of helping you, they will harm you and endanger your economy, legal and personal security.
Take into account the time of eviction
When a landlord wants to evict a tenant without a specific cause, they need to give them a period of 1 to 3 months to find suitable housing and give them the opportunity to move out without haste or hassle. Though this depends on your country or state.
Otherwise, the tenant could appeal that their rights are being violated by being denied the opportunity to rent a new home that has all the necessary services to enjoy a dignified stay.
Read Also: How To Make A Rental Agreement
Collect evidence of what happened
When you intend to evict a tenant, in case you have ignored any of the previous notifications and refuse to leave the property, it will be necessary for you to collect all the evidence of what happened to begin a legal eviction trial.
For example, if there is property damage, you can take photos of the damage; Likewise, you must keep copies of the receipts paid, evidence of the accumulated debt and the notifications delivered to the tenant, including the delivery date and the signature of the tenant’s knowledge.
In the event that the tenant incurs minor offenses, such as smoking inside the facilities or introducing animals into prohibited spaces, you can collect testimonies from neighbors or surveillance camera images that prove that your cause is valid and that it violates clauses of the signed lease. both sides.
Get advice before filing a lawsuit
An eviction lawsuit is a legal process carried out with the advice of an attorney. Its realization may be delayed depending on the situation of the tenant and the moment in which the process against him is notified.
It carries various legal requirements that help landlords efficiently evict a tenant when the tenant has ignored all notices and actions requesting them to vacate the property. Once this lawsuit is won, the process to evict a tenant will require the landlord to contact an authority that will notify the tenant of what happened and escort him out of the property with everything and his belongings.
These are the most important things to consider when evicting a tenant from a property. Remember that following this process to the letter, delivering the necessary notifications and awaiting the reaction of the authorities, will ensure that you can recover your property without generating serious legal problems that could affect you in the future.