As landlords, as much as we hope that we will never have to evict a tenant, if you own investment property long enough, you eventually have to. If you do it early as possible and follow some simple tips, it can be a very straightforward process. Remember it is just business!
An easy and inexpensive first step in performing an eviction is to write an eviction letter. This is a non-binding notice to the tenant that they have violated some part of the lease (typically, but not always it is non-payment of rent). In some jurisdictions, this could be called an eviction notice or notice to quit. Using this may help you quickly bring the tenant back into line without having to go through the time and expense of filing a true eviction in court. Here are just a couple tips when using an eviction letter:
- Check with your local courthouse to see if there are any specifics around how much time you must give the tenant to comply with this letter. If there is no legal requirement, give the tenant as few days as possible, but at least 3 to comply. Do NOT give them 30 days to fix the situation (except move out). That is much too long to let a lease violation continue.
- Compose the letter to the tenant in a professional manner. Keep the content of the letter to just what portion of the lease is being violated. Do not bring other issues into the letter that could cause a he said/she said situation. Just the fact. “Mr Tenant, you are doing this that violates the lease you signed on xx/xx/xx, therefore you must fix this situation by xx/xx/xxxx.” Be specific.
- Have the letter hand delivered by a neutral 3rd party. Then if you do go to court, the tenant can not claim they did not receive the eviction letter as a warning. Remember to save a copy of the signed letter for yourself and document the date and time the letter was served.
- Understand and decide on your next steps if the tenant refuses to comply with the letter. Be prepared that they may only comply with part of the letter (such as paying only a portion of the back rent). Many landlords make the mistake of taking small movements and excuses from the tenant for much too long. You may at this point need to contact an eviction attorney.
Using an eviction letter is a quick and inexpensive way to try and work out problems with your tenants without spending money and time on going to eviction court.