Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Starting Out
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago, 06/20/2023

User Stats

8
Posts
15
Votes
Dan Tran
15
Votes |
8
Posts

Which states have the "best" eviction processes?

Dan Tran
Posted

One of my biggest anxieties with real estate investing is the eviction process. The thought of unruly tenants squatting in my property without paying rent is a nightmare for a deep introvert like myself. 

Therefore, which states have the fastest/strongest eviction processes? I tried googling this but there weren't any articles that specifically compared evictions across states. Any advice would be appreciated :) 

User Stats

9,861
Posts
5,544
Votes
Eliott Elias#4 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Investor
  • Austin, TX
5,544
Votes |
9,861
Posts
Eliott Elias#4 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Investor
  • Austin, TX
Replied

Texas. And it also differs county by county.

User Stats

17,032
Posts
14,573
Votes
Chris Seveney
Lender
Pro Member
  • Investor
  • Virginia
14,573
Votes |
17,032
Posts
Chris Seveney
Lender
Pro Member
  • Investor
  • Virginia
ModeratorReplied

@Dan Tran

In most states the eviction process is not overwhelmingly long, there are some states where yes it is bad but it’s also typically more. By county by county than state. I would not make that the end all discussion of where to invest as in many instances the areas that may take longer to evict may also see greater appreciation. It is one component of determining where to invest but make sure to take all things into consideration when determine where to invest

  • Chris Seveney
business profile image
7e investments
0.0 star
0 Reviews
BiggerPockets logo
Join Our Private Community for Passive Investors
|
BiggerPockets
Get first-hand insights and real sponsor reviews from other investors

User Stats

1,085
Posts
729
Votes
Ray Hage
  • Investor
  • Fort Lauderdale, FL
729
Votes |
1,085
Posts
Ray Hage
  • Investor
  • Fort Lauderdale, FL
Replied

Generally speaking, you are better off in this context in red states. I live in Florida and it a pretty easy process. My other bit of advice and some may not agree with this is have a M2M lease vs a 1 year lease. I have had tenants living M2M for years but if they ever decided to stop paying rent or some other violation of the agreement, it would be a quick process for them to be gone. 

However, your best option is to be really good at picking tenants to not have to worry about this crap. I have had to evict only one tenant and they were inherited.

User Stats

27,406
Posts
40,328
Votes
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
40,328
Votes |
27,406
Posts
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Dan Tran:

Eviction is just one of the many things to consider.

Go to your favorite search engine and search for "Landlord friendly states". Spend a couple hours reading and you'll have your answer.

As others have stated, most states are fair to Landlords. There are a handful of states that continually erode Landlord rights and unfairly coddle bad Tenants. You can generally determine which states these are by looking at who they vote for.

  • Nathan Gesner
business profile image
The DIY Landlord
4.7 stars
151 Reviews

User Stats

6,413
Posts
3,668
Votes
Bob Stevens
  • Real Estate Consultant
  • Cleveland
3,668
Votes |
6,413
Posts
Bob Stevens
  • Real Estate Consultant
  • Cleveland
Replied
Quote from @Dan Tran:

One of my biggest anxieties with real estate investing is the eviction process. The thought of unruly tenants squatting in my property without paying rent is a nightmare for a deep introvert like myself. 

Therefore, which states have the fastest/strongest eviction processes? I tried googling this but there weren't any articles that specifically compared evictions across states. Any advice would be appreciated :) 


 OH, gone in about 45 days, 

User Stats

261
Posts
327
Votes
Ke Nan Wang
Pro Member
  • Developer
  • St. Augustine, FL
327
Votes |
261
Posts
Ke Nan Wang
Pro Member
  • Developer
  • St. Augustine, FL
Replied

It is county by county specific. I've done evictions in St. Johns county and Duval county in Florida. The procedures are different. In either county, for a nonpayment of rent and non contested eviction the tenants were gone within 3 weeks. 

It's hard to contest if the tenants aren't paying rent because they don't have the money, and the first thing the court ask is they have to pay the rent to the court or it's automatically a lost case to the tenant. The judge won't even grant a hearing if the tenants fail to pay to the court. I've seen tenants wrote a very sobbing story to the judge and had zero effect. They would only have a case if they pay the rent to the court. I would say this is a very fair law. 

  • Ke Nan Wang
  • User Stats

    1,214
    Posts
    812
    Votes
    Alan Asriants
    Agent
    • Real Estate Agent
    • Philadelphia, PA
    812
    Votes |
    1,214
    Posts
    Alan Asriants
    Agent
    • Real Estate Agent
    • Philadelphia, PA
    Replied
    Quote from @Ray Hage:

    Generally speaking, you are better off in this context in red states. I live in Florida and it a pretty easy process. My other bit of advice and some may not agree with this is have a M2M lease vs a 1 year lease. I have had tenants living M2M for years but if they ever decided to stop paying rent or some other violation of the agreement, it would be a quick process for them to be gone. 

    However, your best option is to be really good at picking tenants to not have to worry about this crap. I have had to evict only one tenant and they were inherited.


     Bump off of this. Red States

    That being said, Red states have blue cities. PA is generally pretty landlord friendly, but Philly is not.

    In Philly, it is interesting... A M2M lease is actually less beneficial to have vs a 1 year lease when removing a tenant.

    This being said, the anxiety over eviction won't go away by looking at cities and states.

    Best recommendation I have is getting a house hack in your own backyard and doing a great job vetting the applicant. 

    The horror stories I hear from friends and colleagues about eviction usually had to do when them letting certain things slide on their application.

    Best way to get great tenants:

    1. Invest in a B-A neighborhood

    2. Have a nice renovation (Ask yourself - would you live here?)

    3. Call all previous landlords and reference their names with public records

    4. Verify W2/Bank statements - Call employer

    5. Look at body language, car they drive etc? - Just put up a post about this one:
    https://www.biggerpockets.com/...

    Good luck!

    business profile image
    Alan Asriants - New Century Real Estate
    5.0 stars
    57 Reviews

    User Stats

    2,255
    Posts
    1,104
    Votes
    Bud Gaffney
    • Rental Property Investor
    • Boston, MA
    1,104
    Votes |
    2,255
    Posts
    Bud Gaffney
    • Rental Property Investor
    • Boston, MA
    Replied

    Massachusetts is BRUTAL for evictions. Cash for keys is best option here; most of the time...

    User Stats

    2,255
    Posts
    1,104
    Votes
    Bud Gaffney
    • Rental Property Investor
    • Boston, MA
    1,104
    Votes |
    2,255
    Posts
    Bud Gaffney
    • Rental Property Investor
    • Boston, MA
    Replied

    Evictions are not as common as you think. You can avoid most of this by vetting tenants properly. In my 11 years as a landlord, I've only had a handful of evictions. I will say that ALL of my evictions have occurred with tenants who have/or developed substance issues. 

    User Stats

    41,991
    Posts
    61,818
    Votes
    Jay Hinrichs
    Professional Services
    Pro Member
    #4 All Forums Contributor
    • Lender
    • Lake Oswego OR Summerlin, NV
    61,818
    Votes |
    41,991
    Posts
    Jay Hinrichs
    Professional Services
    Pro Member
    #4 All Forums Contributor
    • Lender
    • Lake Oswego OR Summerlin, NV
    Replied

    I hear Arkansas is fast.  

    business profile image
    JLH Capital Partners
    0.0 star
    0 Reviews

    User Stats

    444
    Posts
    80
    Votes
    Jeffrey McKee
    Agent
    Pro Member
    • Real Estate Agent
    • Plano, TX
    80
    Votes |
    444
    Posts
    Jeffrey McKee
    Agent
    Pro Member
    • Real Estate Agent
    • Plano, TX
    Replied
    Quote from @Dan Tran:

    One of my biggest anxieties with real estate investing is the eviction process. The thought of unruly tenants squatting in my property without paying rent is a nightmare for a deep introvert like myself. 

    Therefore, which states have the fastest/strongest eviction processes? I tried googling this but there weren't any articles that specifically compared evictions across states. Any advice would be appreciated :) 


     Texas, but when it comes to the eviction process I would be asking a different question.  Most evictions can be prevented and if you find yourself in eviction court there are other parties to blame than just the tenant that isn't paying.  

    The question you should be asking is "Which landlords or property management companies have the best tenant screening and early eviction avoidance systems in place".

    Happy to help advise if you want to send me DM or reach out to me. 

    • Jeffrey McKee

    User Stats

    3,975
    Posts
    5,149
    Votes
    James Hamling
    Agent
    #1 Ask About A Real Estate Company Contributor
    • Real Estate Broker
    • Minneapolis, MN
    5,149
    Votes |
    3,975
    Posts
    James Hamling
    Agent
    #1 Ask About A Real Estate Company Contributor
    • Real Estate Broker
    • Minneapolis, MN
    Replied
    Quote from @Dan Tran:

    which states have the fastest/strongest eviction processes? 


    I have heard the state of denial is a pretty strong "go-to" for this. 

    Look, for most part it doesn't matter. What ever you find today, is ONLY a condition of TODAY. Elections come and go, political winds sway, and with it statutes on evictions shift. What you find as great today could become a nightmare for the tomorrows. 

    Your #1 best action to take is where and how to invest that evictions are RARE. If you planning for evictions in any regularity, your planning to fail. 

    There is means and measures far more cost effective and efficient than eviction. Eviction should be a Plan-Z, measure of last resort, when all else has failed. AND if you rent to a good tenant base, they will NEVER allow an eviction on there record because the hit is too much to bear. 

    In last 5 years I have had a grand total of 0 evictions. Roughly 4 dozen volunteer surrenders, a handful of judgements. 0 uncollected rents/funds.     There is options other than evictions or working with a tenant base that an eviction is an acceptable outcome. 

    I stick to a tenant base of hopeful home buyers. That's a MAJOR leverage point in the relationship, the cost of the dream of owning a home in some future tense. 

    The only way I rent in the tenant class that has viable eviction potential is via sec8, and in that I just "sick" the sec8 people on them and then there is risk of loosing program voucher. 

    Your focus is all kinds of wonky. If you fear that potential, than focus on asset and tenant class where such is financial apocalypse, an unthinkable route.    Even then, nothing is 100% but at cost of financial decapitation is a big leverage point to wield. 

    Momma said, speak softly and carry a BIG stick. 

    • James Hamling
    business profile image
    The REI REALTOR®
    5.0 stars
    7 Reviews
    BiggerPockets logo
    BiggerPockets
    |
    Sponsored
    Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

    User Stats

    4,793
    Posts
    3,722
    Votes
    Nicholas L.
    Pro Member
    #5 All Forums Contributor
    • Flipper/Rehabber
    • Pittsburgh
    3,722
    Votes |
    4,793
    Posts
    Nicholas L.
    Pro Member
    #5 All Forums Contributor
    • Flipper/Rehabber
    • Pittsburgh
    Replied

    this shouldn't be your first consideration when determining where to invest - it's just one factor to consider among many.

  • Nicholas L.
  • User Stats

    14
    Posts
    18
    Votes
    Ryan Legat
    • Real Estate Agent
    • Allentown, PA
    18
    Votes |
    14
    Posts
    Ryan Legat
    • Real Estate Agent
    • Allentown, PA
    Replied

    Eviction processes depend on state laws and the currently locality you live in. Usually small filing fees are involved which are dependant on the number of tenants and amount of rent owed (if evicting due to non-payment). The process of filing itself isn't too overwhelming. 

     Even if you do live in a "landlord friendly" location the eviction itself could be uncertain depending on the District Justice involved in the case. I've seen some Judges grant leniency, in what I believed to be, very cut and dry cases (For example a tenant didn't show up and was granted a reprieve). These situations can be frustrating and complicate the whole process.   

    One good thing about going to court is you will gain insight into how the Judge stands on non - conformity issues with tenants. There has been times I delayed going to court only to find out the Judge took a more hardline stance with tenants and should have filed earlier. Of course always consult with a lawyer for legal advice. 

    If you have anxieties or introverted I would suggest leaving the court process up to a property manager or lawyer. Court can be a nerve racking experience for anybody. 

    User Stats

    2,589
    Posts
    2,142
    Votes
    Luka Milicevic
    Agent
    • Real Estate Agent
    • Nashville, TN
    2,142
    Votes |
    2,589
    Posts
    Luka Milicevic
    Agent
    • Real Estate Agent
    • Nashville, TN
    Replied

    @James Hamling

    How do you find/screen a tenant base that you know are future potential home buyers? 

    • Luka Milicevic
    business profile image
    Middle TN Home Alliance
    5.0 stars
    16 Reviews

    User Stats

    1,819
    Posts
    2,865
    Votes
    Karl B.
    • Rental Property Investor
    • Erie, PA
    2,865
    Votes |
    1,819
    Posts
    Karl B.
    • Rental Property Investor
    • Erie, PA
    Replied
    Quote from @Alan Asriants:
    Quote from @Ray Hage:

    Generally speaking, you are better off in this context in red states. I live in Florida and it a pretty easy process. My other bit of advice and some may not agree with this is have a M2M lease vs a 1 year lease. I have had tenants living M2M for years but if they ever decided to stop paying rent or some other violation of the agreement, it would be a quick process for them to be gone. 

    However, your best option is to be really good at picking tenants to not have to worry about this crap. I have had to evict only one tenant and they were inherited.


     Bump off of this. Red States

    That being said, Red states have blue cities. PA is generally pretty landlord friendly, but Philly is not.

    In Philly, it is interesting... A M2M lease is actually less beneficial to have vs a 1 year lease when removing a tenant.

    This being said, the anxiety over eviction won't go away by looking at cities and states.

    Best recommendation I have is getting a house hack in your own backyard and doing a great job vetting the applicant. 

    The horror stories I hear from friends and colleagues about eviction usually had to do when them letting certain things slide on their application.

    Best way to get great tenants:

    1. Invest in a B-A neighborhood

    2. Have a nice renovation (Ask yourself - would you live here?)

    3. Call all previous landlords and reference their names with public records

    4. Verify W2/Bank statements - Call employer

    5. Look at body language, car they drive etc? - Just put up a post about this one:
    https://www.biggerpockets.com/...

    Good luck!

    I agree 100%. I consider PA a blue state yet I am comfortable landlording here. 

    Most of my rentals are in Erie County which is very fair. I've won all four of my eviction cases (same judge) and a tenant will be out within 45 days. It sounds like this is similar to OH which is considered more red than PA. 

    There are some red states where eviction time is shorter as there's less time wasted after the hearing and verdict. 

    To the OP, like others have stated, there are other factors as well - cash flow, taxes, and so much more.

    User Stats

    3,975
    Posts
    5,149
    Votes
    James Hamling
    Agent
    #1 Ask About A Real Estate Company Contributor
    • Real Estate Broker
    • Minneapolis, MN
    5,149
    Votes |
    3,975
    Posts
    James Hamling
    Agent
    #1 Ask About A Real Estate Company Contributor
    • Real Estate Broker
    • Minneapolis, MN
    Replied
    Quote from @Luka Milicevic:

    @James Hamling

    How do you find/screen a tenant base that you know are future potential home buyers? 


    That should be a whole thread itself to be honest. 

    It's a demographic like anything else, with it's own precursors etc.. There is generalized age groupings, usually in mid 20's-mid 30's. Earlier in a career track vs a J.O.B.. Often have 1-2 kids. Credit score often in low to mid 600's. 

    it's no different then targeting 1st time home-buyers, this is just a slightly earlier track of the same demo group. 

    And AREA, area matters largely. For example, renting a townhome for $2,250+mnth in an area of great schools where median home value is $400-$550k, and simply asking prospects what there long-term game plan is, will often hear a narrative of trying of saving up to buy a home (music to my ears). 

    The biggest thing I and my team does (at least there trained and directed to) that others don't is this "weird" thing called TALK TO PEOPLE. That's it, we simply talk with them, on a human level. We get to find out how long they've been looking, what brings them to look at this property, what long term game plan is. ~65% convert into follow-up buyer leads from doing that 1 uber-simple step of just talk with them. 

    AND, 100% of the time we get a greater insight into who they are then any number score can lend. We find out who's life is improving and who's is imploding. Not saying I have the key-to-success but, 0 evictions in so many years that I can't even recall the last one, 100% rents collected for.... at least last 3yrs if not 5+.... Not everyone works out, as I said I have had surrenders but I don't know many who can brag of the success rate I have and just consider a regular month at the office.     If I have a non-payer it's a BIG deal, very big. An eviction would be cataclysmic. yeah, I expect near perfection as a regular Tuesday, because that's where I've gotten it dialed into. 

    Again, not saying I got the perfect anything but I'm old, been doing this a LOOong time, doing exceptionally better then most others I hear of, and I am OBSESSIVE on constant pursuit of improvement and perfection so I LOVE learning, still, and improving any chance I can find it. So I adapt and evolve a lot, constantly, because everything is in a continuous state of movement, so I have to remain in a state of evolution. 

    When I screen I put paramount importance on knowing a tenants Life-Vectoring' where is it going, with what intensity, so I want to be a party to that?    As I have said before in other posts, I champion my tenants life improvement, high-five when there gonna be buying a home. That creates a gravity that draws in those kinds of people. 

    • James Hamling
    business profile image
    The REI REALTOR®
    5.0 stars
    7 Reviews
    Account Closed
    • Rental Property Investor
    • Torrance, CA
    1,208
    Votes |
    724
    Posts
    Account Closed
    • Rental Property Investor
    • Torrance, CA
    Replied

    @Dan Tran All red Cities are a good bet. I saw a documentary about Arkansas being the absolute easiest for landlords to evict.

    User Stats

    1,152
    Posts
    1,521
    Votes
    Mark Cruse
    • Investor
    • Fort Washington, MD
    1,521
    Votes |
    1,152
    Posts
    Mark Cruse
    • Investor
    • Fort Washington, MD
    Replied

    Most of my landlording is in Maryland and am familiar with the DC process. From what I have seen it´s county by county, at least in Maryland. Prince George´s county seems reasonable for the most part in general. In Baltimore someone can pay no rent for months to over a year before you can get them out. If you do anything like cut off the utilities you could be in jail. One told me trump said she didn´t have to pay rent so she stopped. Took about 9 months and creativity to get her out. Ran the utilities to over 2k and it was on me. She had a free life for nearly a year.  I kicked one out and his crack head father broke in the upstairs unit and said I had to file on him. Had he not had a medical emergency and been admitted, he could have been there maybe a year more. DC seems to be very bureaucratic and goes out of their way to trip up landlords as well. In St Maryś County I file and they are gone in a month no questions asked. Just depends.  

    User Stats

    809
    Posts
    610
    Votes
    Jack Seiden
    Pro Member
    • Real Estate Agent
    • Washington DC
    610
    Votes |
    809
    Posts
    Jack Seiden
    Pro Member
    • Real Estate Agent
    • Washington DC
    Replied
    Quote from @Mark Cruse:

    Most of my landlording is in Maryland and am familiar with the DC process. From what I have seen it´s county by county, at least in Maryland. Prince George´s county seems reasonable for the most part in general. In Baltimore someone can pay no rent for months to over a year before you can get them out. If you do anything like cut off the utilities you could be in jail. One told me trump said she didn´t have to pay rent so she stopped. Took about 9 months and creativity to get her out. Ran the utilities to over 2k and it was on me. She had a free life for nearly a year.  I kicked one out and his crack head father broke in the upstairs unit and said I had to file on him. Had he not had a medical emergency and been admitted, he could have been there maybe a year more. DC seems to be very bureaucratic and goes out of their way to trip up landlords as well. In St Maryś County I file and they are gone in a month no questions asked. Just depends.  


     Totally agree on this, at least In Maryland it’s an county by county thing even city by city, like I have a rental in a somewhat rural county and the city proper of the county requires a rental license, the unincorporated area doesn’t.

  • Jack Seiden
  • User Stats

    22
    Posts
    4
    Votes
    Replied

    Hi Dan

    This is  a great question and concern that keeps many on the side lines. Don't let it.

    You will inevitably deal with an eviction, and over time it will be frustrating. My advice is don't let it stop you. Focus on getting a great deal no matter what the state. Also learn how to screen tenants, never let someone rent your place unless you have met with them. Trust your Gut. 

    Definitely use a tenant screen service, do a criminal, credit, and eviction background check. 
    regarding the eviction check many times it won't show up, because the landlord will not follow through with the process. So, I ask have you ever been in court as a result of not paying a bill?

    Also in one of the comments it was recommended to one do M2M leases. Yes i totally agree.

    Lastly make sure your Property Managers are sending the correct documentation to your tenants. If someone is late, send a notice, misses a payment send the notice, and don't wait a day longer to start the eviction process.