Things to Avoid in a Tenant Eviction

ScottFicek | Jul 5, 2010 |

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Evicting a tenant can be a complicated and intimidating process. There are legal rules, possibly attorneys involved, and all the while you just want this tenant out of your property! While this is not a comprehensive list of what to avoid, these are just some practical items to keep your stress level down and improves your odds of wining your case.

Do not become emotionally attached to your tenant, the property or the money. This is business. The tenant owes you rent. This property is simply your job and a way for you to make money or for your retirement. Becoming emotionally attached during a tenant eviction can lead you down the path of making decisions based upon your feelings and not upon sound business principles.
Do not accept any money from the tenant prior to the court date unless it is the full amount of back rent plus late fees and court costs. Accepting any money may invalidate your eviction case because the opposing side may claim that you accepted the partial payment as an adequate remedy.
If you don't feel like you can remain unemotional, you are too busy to attend court, or you are just nervous about the eviction, do not do it. Hire a competent eviction attorney to represent you. These lawyers are schooled in all the legal proceedings and have probably done hundreds of evictions. This could be money well spent.
Avoid bringing any other issues into the court proceedings such as other problems you have had with the tenant. You are there to recover your money and/or the rental unit. Arguing with the tenant in the courtroom about the dog, music, cleaning, or other trivial items will only get the judge frustrated and he could side with the tenant just because he thinks you are a jerk. Keep those unimportant issues to a minimum.

Doing a tenant eviction is not a pleasant task, but all landlords will have to do one eventually. Make sure you are up for it and prepared by reviewing this list of what not to do.