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EVICTION; A landlord's worst nightmare. A tenant, who cannot pay the accrued rental costs of his current tenancy, is unlikely to be able to secure lodging elsewhere. Eviction is usually predicated upon either rental arrears or excessive damage to the unit. In either event, the Security Deposit will not be returned and therefore, there is an inability to fund a security deposit and advance rental fees for another apartment. What then can be done to successfully expedite the eviction process and reassume your rights as a landlord.

The first item of business is to attempt to "nip the issue in the bud" and avert the no choice scenario. Often a little reassurance that you want the individual to stay (assuming an otherwise good tenant) but that you must have the rental will carry you through a rough patch and maintain income flow. We all want to feel that our problems are being understood and that is the same for your tenant. While trying to work out arrangements however, prepare for the worst and prepare for a loss, no matter the final outcome. Whether the evictions are won or lost they are always costly.

Perhaps they will damage the unit as a final malicious act or take items that are integral parts of the unit. I remember a friend who successfully evicted a tenant only to discover that part of the exterior wall had been smashed out with the hole used a loading dock. It might sound ridiculous to suggest but if it is possible to get them out on good terms, do so. It is cheaper in the long run. This brings us to the issue of, "Do I hire an eviction attorney?" The answer is generally no. You will lose substantial revenue anyway so why compound it with legal fees. Any magistrate's office can effectively explain the filing and cost recovery process. Once you have been through your first eviction, you'll find that you have become an instant expert.

Once you've determined that an eviction is the only solution, it is already too late to protect yourself. If you have rental property, research the local codes and laws and have your leases reflect them. States and municipalities vary widely. Florida tends to have laws protecting the landlord while Pennsylvania comes down on the side of the tenant.

In evicting one of my residents, I began the process in July hoping to have it completed by the end of September. Local law prohibited me from evicting a family, with children under age six, during the months of October through March. Know both your rights and restrictions! Give written notice that an eviction is imminent if payment is not made in full then follow that with a "Certified Letter" from the Postal Service if payment is not received promptly and providing a date for legal filings. The hearing date will likely require a minimum of two weeks and the tenant may have as long as 30 days to make payment before the sheriff can legally evict.

It is best therefore to begin proceedings as soon as trouble is spotted and to have both security and last month rental payments at the time of leasing. You will need the extra cash to compensate for delays in moving the eviction through the legal system. Bad tenants are a cost of doing business so; don't compound the costs with unwarranted delays or over the top threats. A landlord should proceed as with any business process to protect income flow and assets. To paraphrase Mr. Roosevelt, "Speak pleasantly firm but carry a big stick."

Learn more about this author, Donald Herman.
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