Evicting Your Tenant

Evicting Your Tenant

As a landlord there will come a time when you are going to have to evict a tenant.  That being said there are rules to evictions and evicting your tenant isn’t always easy.  Some municipalities have lots of tenants’ rights making the evictions process expensive, long and complicated.  Before you hand out an eviction notice you are going to need to understand the law in your area and follow it to the letter.  There are some situations where you can and should evict your tenants and they are the following.

Rent in Arrears

When a tenant gets behind in their rent by a month or more then it is time to start the eviction process.  Tenants will often ask for time to pay but more often than not it ends up making the situation worse rather than better.  You still have mortgages and utilities to pay so you need to get the income from your property and it is time to evict.  The sooner you act the faster the process goes through.

Constant Late Payments

If your tenant is constantly paying in the middle of the month rather than at the first of the month then you should also consider evicting.  Yes, the tenant does pay the rent eventually but this is a practice that costs you time and money, especially if you continually have to come to the property to collect the rent.  Here are some steps that you can take.

Deducting Repair Costs from Rent

When it comes to making repairs on the property it is the landlord’s responsibility to take care of the repairs.  The tenant is obligated to pay their rent, and notify the landlord of any necessary repairs.  What the tenant is not supposed to do is take care of repairs on their own and deduct the repair amount from the rent.  Rent and repairs should remain two very separate things and the tenant doesn’t have the authority to take care of repairs on their own. If this becomes an issue then it is time to evict and look for a tenant who can adhere to the rules.

Using the Deposit towards Rent

Rents and deposits are two different things, not only is living on the deposit completely unacceptable it is also against the law in most cases.  You have no guarantee that the tenant will leave after the deposit has been used.  There are cases where instead of a deposit the tenant pays first and last month’s rent up front, in that case once they give notice then the last month’s rent can be used as it is supposed to.

Evicting your tenant is not something that should be taken lightly but at the same time there are situations that it needs to be done.