Special offer

When The Only Word Left To Say Is Eviction - Know How To Use It!

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

For many landlords, there will come a day when the only word left to say to a tenant is "eviction". 

As a private landlord, you probably think you have the "right" to do whatever you want to get rid of a tenant.  But the truth is - you don't.  And worse, if it has gotten to a point of eviction - trust me - your tenant has been brushing up on the eviction laws and is ready for you!

Each state has very specific laws about evicting tenants - and you have to follow them - regardless of what you think, feel or disagree with.  I have two suggestions:  either hire a property manager who knows the laws -- or get very familiar with laws in your state beginning today!

Here are some things that you will want to do but can't!  You can't:

  • Turn off the utilities.
  • Change the locks.
  • Threaten tenants - verbally, in writing or otherwise.
  • Call the police - it won't help - the law is not on your side on this one.
  • Have the tenants cars towed off the property.
  • Remove all the tenants belongings and leave it on the front yard with a note - this is called "self-eviction" and it's against the law.

Here is what I start with - and you can too!  If I haven't heard from a tenant in any way shape or form to let me know rent will be late - on the 1st day the rent is late - the tenant is served with an eviction notice.  The quicker you do this - the easier and faster the process will be toward legally and effectively removing the tenant.

More often than not, you will hear from the tenant once the notice is served.  If you do - make it your goal to work something out with the tenant because it's much easier than eviction.  If you don't hear from the tenant - make sure you follow all the steps and most importantly, stay legal and be patient!

Posted by

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments(37)

Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

Thanks for the advice. We had a situation once where we had to get an attorney and lots of manuvering later, the tenant was evicted. Then we had some fairly big expenses to fix the damage. It's a headache.

Gretchen

Apr 27, 2011 03:29 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Great advice and thanks for posting. It's true the law is on the side of tenants and laws vary from state to state.  I can't imagine an owner changing the locks on a tenant who hasn't paid rent. Wow...

Apr 27, 2011 05:20 PM
Kristine Ginsberg
Elite Staging and Redesign, LLC - Short Hills, NJ
NJ Home Stager

Hi Gabrielle - I think I've told you before, but we own and rent out residential property and have experienced many nightmares - that why we have good lawyers. ONe our tenants put a garbage bag on top of the stove which was still hot and burned down most of the house! Congrats on the feature!

Apr 27, 2011 05:30 PM
Anthony Daniels
Coldwell Banker - San Francisco, CA
SF Bay Area REO Specialist

Teddy used to say "speak softly and carry a big stick."  I'd say that works, or you could always support your local red & white in Tucson.  I'd rely on them for an effective eviction before the law any day.

Cheers, A.

Apr 27, 2011 06:30 PM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Even long term tenants who pay on time can be a major problem if you don't check out the place periodically. They can do lots of damage that's not visible from the outside.

Apr 27, 2011 06:39 PM
Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

I don't know if I would go the eviction notice on the first being late, but I do agree the sooner the better if it looks like a bad pattern.  Here in California tenants know they can drag the process to six months.

Apr 27, 2011 07:20 PM
Jim Mushinsky
Centsable Inspection - Framingham, MA

Wasn't there a movie landlord/tenant movie, pacific heights or something like that.  A must watch flick for the new landlord.

So many fond landlord memories, the days in housing court, the visits from the board of health, the barter offers in exchange for rent, and the dramatic threatening conversations.

Great advice Gabrielle.  Know the eviction process in your city/town.

Apr 27, 2011 07:34 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

This is good advice for landlords. I always suggest they talk to an attorney .

Apr 27, 2011 11:08 PM
Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

The list of things you want to do is so tantalizing to do because evicting a tenant is never fun.  Understanding the process and how to go about it as quickly as possibly is going to take a little bit of experience but its so important.

Apr 27, 2011 11:25 PM
Morgan Evans
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

Throwing their stuff on the lawn sounds like it is going to be satisfying but that is surely going to create a war between you and the tenant at that point. 

Apr 27, 2011 11:44 PM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

HI RONALD!  Let me clarify that notice a little bit - there is a grace period for when rent is due. I start calling to if I don't receive the payment but also, my tenants know to call me if their rent will be late.  If, during that grace period, I do not hear anything and tenants don't respond to any calls - I send the notice on the first day late fees start. So they do have plenty of time before the rent is considered late to call me.  Of course, there are extenuating circumstances that may prevent a call back, but for the most part this works.  Thank you for mentioning this!  And agreed - the tenants here in Tucson know too how long they can drag out an eviction!

HI EILEEN! No it's never fun - for many reasons and like you wrote - just understanding the process helps.

HI GITA! You are welcome - and legal advice is always sound!

HI JIM! I think there was!  You made me laugh!

HI HELLA! Very true - it's important to regularly check on properties.

HI ANTHONY!  Teddy's words are very true!

HI KRISTINE! Congrats on your feature too - I am still laughing about it!  And don't tenants just do the most "didn't think" things??!!  Do you just have one rental or a couple?  I bet we would enjoy telling our stories!

HI PAMELA!  People will do the craziest things when it comes to wanting to get their money! 

HI MEL & GRETCHEN! Sorry to hear that - usually evictions come with damages which is unfortunate!

Apr 27, 2011 11:55 PM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Communication is key. If they've been good tenants, it doesn't make any sense to serve them with eviction notice on day one or even week one. If something has changed in their life where they will no longer be able to afford the rent amount, you have options that might work out better for both. ( possibly lower monthly rent until they can recover, let them skip a month and make it up later, help them find another place they can afford before the situation gets too far out of control, release them from the lease, and yes, even return their security deposit if they haven't done any damage, etc.) Of course, if the tenants just want to be difficult and have indicated they are not going to try to work something out with landlard, then the eviction process might be best. Procedures vary county to county.

Apr 28, 2011 12:42 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I was a landlord at one point (renting out a single family home) and my tenants stopped paying rent; I sent them notice that they needed to pay by such & such a date with fines, but no payment.  As I was getting prepared for the next step (leading to eviction) they disappeared in the middle of the night, leaving a mess and unpaid bills.  I sold the place - at that time in my life, it was much too difficult and since that was the FIRST tenant, I figured they might all be like that!  It's good to hear that this isn't the case, and that there are swifter ways to deal with delinquent tenants.

Thanks for posting!

Apr 28, 2011 12:59 AM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

HI JEFF!  Agreed - I clarified above to Ronald that I serve the eviction notice if there is no communication.  Good tenants will communicate and say what the issue is so there is never a need for the harsh notice because you can talk and work something out like you wrote.  When there is no communication - and no effort from the tenant to give me a call - I serve it.  This post is more about those tenants that get a landlord to the point of getting served with eviction - and in all cases - it's to that point because there was no communication from the start!  Thank you for bringing it up!

HI GREG NINO!  I'll just say - please read what I wrote to Jeff!  When it comes to other people's money and their asset - I don't mess around - it does sound harsh - but I only do this when I have exhausted options and given it time!  (And by the way- I like your fun new profile photo!)

HI MORGAN!  It would be fun to throw their stuff out - but like you said - it just makes things worse!

HI BOB!  You seem to have a personality that could do property management well!  What was your biggest stress?  And thank you!!

HI CONNIE!  That's a very good point -- my own personal tenants often ask me to come over for BBQs or birthday parties and as much as I like some - I just don't.  And often thy take it personal.  But you are very right - you can't be their friend -- that's as bad as renting to a relative!

HI MIKE!  Ha ha ha - I know owners mean well - but it can be trying when they get involved and like in your case - drags it out longer than it needs to be!

Apr 28, 2011 01:02 AM
Howard and Susan Meyers
The Hudson Company Winnetka and North Shore - Winnetka, IL

Very good advice Gabrielle.  There are many "accidental" landlords out there these days who thought they were choosing a great route to getting some cash flow on the property that they were unable to sell.

Little did they expect the tenant to be trashing their home, sabotaging the owner's attempt to sell it and then making it very difficult to remove them....all the while watching their property decresase in value. 

This is not always the case, but being a landlord is not for the faint of heart.

Apr 28, 2011 01:54 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

On renting...I listen and examine every potential renter circumstance. I do not want their problems to become mine however. I actually want to solve my client's (the landlord) problem of a vacancy, and then help everyone else if I can. Here, in my neck of the woods, it takes several months to evict. Knowing that, extra effort and deposits may kick in on questionable situations. The economy does not help this subject along as everyone has issues that disqualify or minimize...Rentals are a lot of work now a days

Apr 28, 2011 03:18 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Hi Gabrielle, renters seem to have more rights than landlords. If you are a landlord, its good to be on top of the local laws. 

Apr 28, 2011 05:10 AM
Jack O'Neal
HomeSmart Elite Group - Gilbert, AZ

Still amazing as to what people think they can do. after all they own it. My tenants pay the rent on time and get a taret csrd for $50 every 6 months. Now we are dealing with so many renters that have never rented before.

Apr 28, 2011 06:12 AM
John McCarthy
North Hampton, NH
Realtor - Seacoast NH

Gabrielle,

Congrats on the well-deserved Gold Star! It is a great post that we all learned from.

Apr 28, 2011 12:47 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Gabrielle, my biggest stress was renters who were slobs and didn't care how the property looked. I'd rather have renters who were regularly late in paying then those who let the property look like I was a slum lord.

Apr 29, 2011 02:28 PM