Eviction Do’s and Don’ts

What we are going to do today is talk about all the Do’s and Don’ts of Evictions. One thing to realize is that having this issue is not a major problem and it does and will happen when you own a rental property.

The big problem comes into play when an owner does not follow their own policies and procedures thinking that they can save the deal and save the client if they bend their own rules. Or worse, they bury their head in the sand and ignore the issue of having a tenant not paying and just wish and hope that the issue resolves itself.

Never do anything that isn’t in the lease. According to the lease, they agree to pay you and if they don’t pay, they are breaking the lease. According to the lease, you have agreed to get rid of the tenant if they don’t pay rent, which means if you allow the tenant to stay in the property without paying rent, you are breaking the lease too. Don’t let a month go by without getting rent from the tenant. You have to do your job according to that rental contract.

When a tenant does not pay rent, you must be prepared to go to court and file Forcible Detainer paperwork. If you’re not comfortable with the process or the courts, let a professional property manager take care of all that. You need to get the Detainer filed and then be prepared to show up in court with all the proper documentation. Again, if you aren’t comfortable doing that, let a property manager handle it.

This has nothing to do with your tenant’s personal or perceived problems. At the time of lease signing, it should be made very clear to the tenants that their problems cannot become the property owner’s problems. Tenants must pay rent and when they don’t pay, they can’t stay. Tenants will test you to see if you bend on this rule. When you do bend, you set a precedent and the tenants know this.

You cannot take any money from the tenant if you are in the middle of eviction. If you take even one dollar, your case will be thrown out. The courts and the laws change all the time. You have to know what’s going on and what’s legal in your area.

When you get the judgment, it’s time to file a Writ of Possession. If you go to the property and you think their stuff is gone but it’s not, you could get yourself in trouble. We call this the Rolex Rule. Property Owners have found themselves in court and in trouble because tenants have claimed their valuables in the property were thrown away by landlords. Let the constable clear the property and remember that tenants are not officially out until then