How to evict a tenant that has stopped paying rent.

It happens to even the best landlords. For whatever reason certain tenants stop paying rent or get impossibly behind in their rent. This post outlines steps for such a landlord to legally regain possession of their property.

Update or create the rent ledger

While easy to overlook, the first thing a landlord should do is to make sure rent records are in order. Ideally a landlord will have been keeping a rent ledger all along and will have kept it up to date and supported with receipts and bank records. If not, this is the time for correction.

Serve a pay or vacate notice

The eviction process for non payment of rent is based on a notice to pay rent or vacate. The law requires this notice and there are legal requirements for its preparation and service. Under state law this notice gives the tenant 3 days to either pay the rent or to vacate. Some rental agreements require more time.

It is advisable to have had worked with legal counsel before taking this step. If the tenant doesn’t respond favorably to the notice then the landlord will likely want to move on to the next step of a lawsuit. It’s best to have an attorney prepared to act on the notice that has been served to prevent delay.

Start and complete the lawsuit

If the tenant doesn’t either pay the rent or vacate the premises within the time allotted, then the landlord may start a lawsuit to have the tenant evicted for non-payment of rent. The lawsuit starts with a complaint and summons. These are formal legal documents that must be delivered to the tenant to begin the case. From that starting point there are several possible outcomes and paths that the case may take. For the purpose of this article we’ll skip those details and presume a successful resolution of the case.

Evict the tenant with the assistance of the sheriff

At the end of a successful eviction case the court orders the sheriff to remove the tenant. The court does this through an order called a writ of restitution. Then the sheriff posts the writ at the property and schedules a time with the landlord to carry out the eviction. On the day of the eviction, the sheriff requires the landlord to provide the manpower to remove any remaining tenant property. Usually the landlord places this property on the nearest public property. The landlord secures the real property at this time by changing the locks.

Conclusion

The process to evict a tenant for not paying rent is fairly straight forward in most cases. The keys are to be prepared to do it and to start the process early. Unfortunately, many landlords wait to act until the financial strain of not receiving rent threatens their own well being. Don’t delay if you’re a landlord with a tenant who is not paying rent. Call 425 303-0600 for help ending your financial loss.