When one of your tenants has failed to pay the rental dues, kicking him out of your premises would be the first thing that comes into your mind. Unfortunately, having a heated discussion or walking right through the door telling him to evacuate is a big no-no. Doing so would be comparable to banging your head on the wall.
Certain laws against unlawful eviction by property owners protect tenants. Evicting a tenant is a cumbersome process. In case you want to evict a non-paying tenant, follow your state laws to the letter.
What to Do To Evict a Non-Paying Tenant
Be active in monitoring rental payments. If the tenant is late, send a letter right away reminding him of the past due amount and some other fees. Reminding a tenant is not to be construed as part of an eviction process but simply to remind him that you are on top of your business, which could not go beyond the reasonable allotted time without receiving a payment.
In your notice, be very clear how much is the amount that needs to be settled or give the option to vacate the property on a specific date. Different states impose different requirements when sending notices. If you are unsure, consult a lawyer or a property manager beforehand. You can personally deliver the letter or use the certified mailing service.
If the tenant simply ignores your letter and refuses to pay the rental dues and late charges, the next step is to file a lawsuit to evict the tenant, otherwise known as An Action in Forcible Entry and Detainer. The court will set the date and send notice to the offending tenant. A judge will enter a money judgment. There are times when the judgment and eviction take place immediately, but most of the time, the tenant will be given enough time to settle his dues or move out.
As a proprietor, make sure that there are no errors in your presented documents. Apparently, these mistakes can work against you, giving more time for the tenant to fight the case and delay the eviction process.
If you don’t want to waste your time dealing with similar situations, you can always hire a property manager to manage your properties on your behalf. Not to belittle your capacity, but these people are trained in every known management condition and there’s no doubt they can manage your investments better than you do.
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