by Francis Jock

Created on: September 09, 2007

In a perfect world tenants would always pay their rent on time, never bounce a check, never destroy their apartment, never have loud parties that result in the neighbors calling the police at 3 A.M., never engage in criminal activities and never do a host of other things that will eventfully lead you, the landlord to realize that you can no longer tolerate their behaviour. They have to go, but how do you go about evicting them?

Evicting a tenant can be a long and stressful process. However, following a few straightforward rules can help ease the tensions and guarantee that you will be successful if you have to go as far as obtaining a court order to enforce an eviction. Here are a few tips to guide you along in the eviction process.

First, always check with the local authorities, such as the county sheriff as to what steps they recommend you, the landlord follow when evicting a tenant. They may have a brochure that will give you important insight into state laws that govern evictions and when the sheriff's office can, or should, get involved.

Also remember that the tenant's have rights too, and you should be sure that you are in compliance with your responsibilities, as well.

Next, check with your attorney. If you are in the housing business, you should have an attorney that will represent you in court and make sure that you have all your paperwork in order. The attorney's office will arrange the date for a hearing which invites both the landlord and the tenant to state their case in front of a judge. You should be prepared with all the documentation necessary to prove that the reason you are evicting the tenant is justifiable. This includes the lease, copies of eviction notices, late rent notices, and anything else that supports your decision to evict.

The most important document in obtaining an eviction order is the tenant-landlord agreement, commonly referred to as the lease, or rental agreement. The importance of having a valid lease cannot be stressed enough, as it sets forth the agreed-upon rent amount, terms and conditions for occupancy, and many other clauses that are designed to protect both the landlord's property and the tenant's rights. In the case of government subsidized housing, state and federal laws may dictate some of the contents of the lease.

It is a good management practice to be sure that you have a signed lease on file for every tenant. You will probably have to provide a copy to the court as proof of an agreement between tenant and landlord.

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