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The perfect tenant is every landlord's dream. This is the tenant that blends into the background; they pay their rent on time every month if not early, they rarely bother you with any problems, they never throw wild parties, they give you notice that they are moving out, and when they do move the apartment looks even better than it did when it was originally rented. While these tenants do exist outside of the fantasy world, the real world is also overrun with the bad tenants.

Bad tenants will throw wild parties in the middle of the week that end with other tenants pulling out their hair, and reaching for their phones to call the police. They are the tenants who leave the apartment looking like a year long frat party just happened, and the ones who let their animals run wild through the apartment. Sometimes the inevitable happens with these tenants and you need to begin the long and arduous eviction process.

Eviction isn't an easy thing to do, and before beginning the process you need to make sure that there isn't an easier way to resolve the problem. Remember that you need to go through every step of the process, and not simply tell the person they have to leave the property. While you as the landlord have rights, so to does the tenant.

The first stop in the eviction process must be with a lawyer, or a member of law enforcement to see what the process entails. They can help you decide what to do next, and how the process works. The lawyer can help you file the correct paperwork, and set up a hearing if one is needed. Unfortunately some evictions only end after an appearance in court.

Before even beginning the eviction process, you must have a copy of the lease or rental agreement, which lays out the detail of the agreement. A good landlord will already have a signed copy of this on file in their office. It will be a necessary item in the court proceedings, so it may be wise to have several copies.

The next step in the eviction process is notifying the tenant. You must give the tenant a 30 day eviction notice first, which informs them that they have violated their lease and provides documentation of the violation(s). The 30 day notice must be in writing, and you must allow the tenant the chance to rectify the violations or problems. Most states also require by law that you set up a future date to discuss the terms of the lease and eviction with the tenant and a legal representative. It is important to note that this notice should be delivered by someone other than the landlord.

If the tenant fails to act on the 30 day eviction notice, the next step is a court proceeding. The tenant and landlord will be notified of the date to appear in court, and the judge will rule after hearing both sides of the situation. Be aware that the judge may find in favor of the tenant, especially if you were lax on certain parts of the lease agreement, like allowing plumbing problems to continue.

The judge can find in favor of the landlord, and will set a specific date for the tenant to vacate the property. At the same time the local police department will also be notified, as they will have to be on site during that day. You and a legal representative may also be required to attend. On that day, it will be your responsibility to have the locks changed and store the tenant's property.
This is only an overview of the eviction process, and a professional member of the legal or law enforcement world can better help you understand what actions to take. Eviction is not an easy process to complete, and a better option is for you and the tenant to try and work out an understanding.

Learn more about this author, Jennifer Eblin.
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