The Eviction Process: Landlords Edition

The Eviction Process: Landlords Edition

The eviction process is not fun for anyone. And believe it or not, a landlord wants to evict their tenants just as much as anyone wants to be evicted. 

Ironically, the process of eviction is actually quite common across the U.S. More than 3 million tenants vacated rental properties due to the threat of eviction in 2018. 

The reality is that eviction is often avoidable. But if it comes down to it, here are the crucial steps to take during the process as a landlord.   

The Eviction Process Begins with a Pay or Quit Notice

As a landlord, you never want to break a lease if you don't need to. But when you're evicting a tenant, breaking a lease is part of the process. 

A lease is a binding, legal document so you need to know the right steps to take so that you have all your legal ducks in a row. 

Your first step is to issue your tenants with a Pay or Quit notice. In essence, this is a formal, written warning that they have violated the lease in some way. 

This notice provides your tenants with information on how to comply with the lease, or they can choose to vacate the property. The notice provides a specific time period in which they have to comply before you bring a case of eviction against them. 

You'll need to send the Pay or Quite notice by certified mail. Be sure to check state and federal laws regarding how many days' notice to give your tenants before eviction.  

Formally Filing for Eviction 

Your tenant only has a specific number of days to comply with the lease or vacate the property once you send the Pay or Quit notice. 

If they do not comply within this time period, you can file a case of eviction with the court system in your state. 

You'll need to file for a Forcible Detainer. But in order to do so, your tenant must receive the following forms: an eviction complaint and a summons. 

As a landlord, you need to file these forms with a court clerk. You will then need to deliver the forms to your tenant via your local sheriff's office. In some cases, there is also an option to file these forms online. 


Eviction Judgement: The Final Step 

After you're awarded an official eviction by the court system, your tenant must vacate the property, along with all of their belongings. 

Basically, this final step centers on the removal of the tenant from your property. Keep in mind that intimidation and harassment towards you, or refusal to leave your property is illegal. 

Your tenant might put up a fight to leave. If this is the case, you can bring a court order to law enforcement who will then remove your tenant. 


Note: A Forcible Detainer is Not Always Guaranteed

It's important to bear in mind that not all courts will issue a forcible detainer that instructs your tenant to vacate the property. 

This is because your tenant also has rights. Throughout this entire process, a tenant might decide to comply with a different court order.

For example, they might commit to a Pay-and-Stay Agreement or an Agreed Move-Out and Compliance order. 

Most of the time, these are better options for both you and your tenant because you receive compensation and your tenant can remain in the property.


Are You a Property Owner? 

Whether you're an out-of-state property owner in Las Vegas or plan to become one in the near future, you need top-quality property management you can rely on during the eviction process.

This is where Avalon Realty and Oaktree Management have all your property needs covered. Whether it's help with eviction, rent collection, maintenance, or marketing, we are your go-to. 

Contact our team today for more. 

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