How to Avoid Legal Hassles
Evicting a tenant is one of the most difficult situations a landlord can have. By the time you get to that point, you'll be frustrated, to say the least. When rent is owed, you'll probably hear sob stories and tall tales about why it's late or the check bounced. Your tenant may not answer the phone or door even when you know she is home. You also have to put up with promises that mean little.
No matter how much you want to get rid of a bad tenant and find a new one, the eviction process is slow and costly. You will likely be losing rent money, and paying to file notices and go to court. But never, ever try to speed up the process by doing something illegal to “persuade” your tenant to move. In some states landlords will be fined $100 per day for turning off a tenant's utilities. Nearly all states forbid coercive persuasion and your tenant can sue you. Guess who will win?
So don't turn off tenants' gas, electricity, or water, block up the sewer, lock them out of the building, or throw their possessions in the street. Above all, don't threaten them.
Some landlords might prefer to have their lawyer send the violation-of-lease letter, but it isn't necessary to pay legal fees for the service. As the landlord, you can handle it yourself.
Handle Yourself Carefully
It takes about three months to evict a tenant. While you're going through the process, your tenant has the right to stay in your unit peacefully. No matter how much you want to be rid of her, don't get worked up. Grin and bear it. It's your tenant's home up until the time you've won your court case.
Stay away from your tenant as much as possible. The only time it's okay to meet face to face is if you're trying to settle a dispute in a structured setting. If you have to communicate, put it in writing instead of going to talk to your tenant. Make your notes or letters short and to the point. Don't go off on tangents. You want to be focused and not show anger or react to the tenant in person or in a written communication. Keep your message neutral.
Get the New Address
If you can, get your tenant's new address before she moves out. You will need that address, and after a tenant leaves it could be very difficult to find her. Otherwise try to get the address from the company that moved the tenant. You can try calling your tenant's old telephone number; calls might be forwarded to a new number. You can also call the emergency contact your tenant gave you on the rental application. It's usually a close relative and very often the best way to get the address.
