How To Evict A Nightmare Tenant

As America’s current recession continues to wreak all manner of interesting havoc on the U.S. economy and society at large, it’s no wonder that people are becoming more and more disparate when it comes to securing their financial future.  But at the same time, one can’t help but notice amidst all this chaos that the business cycle theory used to depict and predict this country’s present and future economic prosperities and depressions can also play a prophet-like role in explaining all other manner of human behavior.

For example, when there’s a downturn in the cycle, you can bet that crime rates will also spike, as well.  When the economy is going good, then charitable donations will probably be on the rise, too.  However, nowhere is this connection between business cycles and human nature better demonstrated then when analyzing the ever-changing power dynamics between tenants and landlords.

Generally, the idea most people have when it comes to the relationship between renters and landlords is that the landlord is always the one on top.  After all, they are the ones who own the property and tenants must not only pay them to stay inside, but must also go to them to resolve any property related issues.

However, in the current economic climate, the roles have been reversed, as right now the phrase “renter’s market” doesn’t begin to describe the availability of apartments and homes for rent across the country.  Landlords are struggling to keep their units occupied, while tenants have their pick of the litter.  But, though it may be ideal right now for landlords to try their best to retain their tenants, sometimes the consistent cash flow may simply not be worth the trouble if the tenant is, for lack of a better word, crazy.

If you’re a landlord in this situation, then sometimes the best course of action is to cut your losses and try to get your troublemaking tenant out of your property as soon as possible.  However, though your inconsiderate renter may be making your life a nightmare, that alone is generally not enough to lawfully evict a person.  A successful eviction can be difficult to accomplish, especially in a rent controlled building or city.

If you’re at your wits end and eviction is truly your last resort, then follow these steps to start the eviction process:

1)      There Must Be Legitimate Cause to Evict (in many jurisdictions)

Tenants may only be evicted for legitimate and legal reasons.  I probably shouldn’t need to state reasons such as race, gender, sexual orientation and so forth, are never legitimate or legal reasons to evict a tenant.  And doing so can generally lead to a big fat discrimination lawsuit.  Consult your tenant’s lease agreement and review the language in it to ensure the reason you’re citing as cause to evict your tenant is actually one that was enumerated in your lease.  Be sure to also consult your local government landlord-tenant laws to make sure the reason is valid, too.

2)      Give Tenant Notice and a Chance to Cure

Before a landlord may evict a tenant, they must tell the tenant of their violation and instruct him or her to correct it first.  If the tenant refuses to comply, the landlord may then begin the eviction procedure in accordance with the landlord’s local laws.  Typically eviction can take a long time and require varying amounts of advance notice, from 30 days or more depending on the city or state.

3)      File Unlawful Detainer Lawsuit If Tenant Refuses to Leave

If you complete the eviction procedure in accordance with your city or state’s laws and your tenant still refuses to budge, then you’re going to need the court to intervene by filing an unlawful detainer lawsuit against your tenant.  Unlawful detainer simply means that a tenant has possessed another person’s property without the legal right to do so.  In the case of landlord tenant disputes this means the house or apartment itself.  Filing this suit in court allows a judge to quickly determine whether your tenant’s eviction is valid.  If the determination is in your favor, then the judge will issue a court order requiring the tenant to leave the property.  At this point, you can also call the police to help with the eviction, as well.

This economy may make kicking out a trouble-making tenant seem like an unwise course of action.  However, if they’re really driving you mental, then you need to ask yourself if a few extra bucks a month is worth all the hassle.  If not, then it’s time to send him or her packing.

Just remember, eviction is a complex procedure that varies from state to state and sometimes by municipality, too.  If you’re unfamiliar or uncomfortable with the process, be sure to get a hold of a qualified real estate attorney to walk you through the procedure.