A Landlord's Guide to Understanding Evictions

No landlord ever plans on evicting a tenant, but there are roughly one million evictions per year in the United States. While this number may differ for 2020 and 2021 due to eviction moratoriums, it's likely to resume in the near future.

If you're a relatively new landlord who's never had to evict a tenant before, this may be a new concept to you. It's important to know all about the eviction process before you come face-to-face with one.

We're here to explain. Keep reading for our top landlord advice about tenant eviction.

When Should You Evict a Tenant?

So when and why would a landlord start the eviction process? Evicting a tenant is a big deal, so you need to know that you're making the right decision and abiding by all necessary regulations.

Tenants are covered by the Fair Housing Act. If a tenant suspects that you're evicting them illegally, they can report you and you could face legal trouble. When in doubt, talk to a lawyer or go through your property management company (who should provide you with guidance).

For a legal eviction, the tenant must be breaking the lease terms in some way. This could mean that they're not paying rent, they're being destructive, they're doing illegal activities, and so on.

Can You Evict Right Away?

The eviction process doesn't allow for immediate eviction. There are stops that you have to take.

First, you need to issue a formal notice to the tenant about what they're doing wrong. You should give them instructions to remedy the situation before you start the formal eviction process. If the tenant fixes the problem, you can stop the process.

For failure to pay rent, you need to give the tenant at least three days to solve the problem. For other lease-related problems, you need to give the tenant at least seven days.

If the tenant is causing a serious problem or this is their second notice within a year, you still have to give them a seven-day warning, but you do not have to allow them to fix the problem.

Moving Forward With Evictions

To file an eviction, you're going to need a summons and a formal eviction complaint. You file them with the court clerk and the sheriff's office will deliver them to the tenant.

A judge will review your situation to determine whether or not you're allowed to evict the tenant.

If you move forward, you can remove the tenant and their belongings from the property. Most of the time, the tenant will remove themselves voluntarily. If not, you can have the police escort them.

You can not threaten or intimidate the tenant.

Evictions Are Complicated. We Can Help

Evictions are legal issues, so you need to go through all of the formal steps if you want to abide by the law. It's always best to settle a problem with the tenant, even if that means that they voluntarily leave the property without the need for a formal eviction. This is best for all parties.

Do you need help managing your property in Orlando? At Verandah Properties, our experienced property management team knows all about handling the behind-the-scenes issues that come alongside property investment (including eviction). Let us help you.