Tips For Evicting A Tenant If You Want To Move Into The Rental Property
If you recently sold your house and own a rental house, you could move into the rental house when you close on your house. Unfortunately, if you have a tenant living in the rental house, you will first need to get him or her out. As a landlord of the property, you have the legal right to evict the person if you no longer want to rent the unit; however, you must take the proper legal steps to do this. Here are some tips that can help you with this.
Consult with a real estate attorney
It makes sense to evict a tenant if he or she fails to pay rent or is not abiding by the lease agreement, but when you want to evict a person that did nothing wrong, it may seem like a more complicated process. Because of this, you may want to consult with a real estate attorney for help. A real estate attorney (such as one from Bangs McCullen Butler Foye & Simmons LLP) will know the laws in your state, and this will help you complete the process legally.
Notify the tenant
While every state has different rules about evicting tenants for this reason, one of the main requirements you will find in every state is offering a sufficient amount of notice to the tenant. If this tenant has always paid his or her rent on time and been a good tenant, an eviction notice may come as a shock to him or her.
This is why you may want to notify the tenant in writing and in person. Your lawyer can help you draft a letter for this. The letter should contain:
- Your request for him or her to vacate the property.
- The reason you are asking the tenant to move out.
- The date by which the tenant must be out.
The letter could also include a thank-you note to the person for being a good tenant. If you hand deliver this letter to the tenant, you will have a chance to talk to him or her about this and explain further why you are doing this.
Take the tenant to court if he or she will not comply
If the tenant willingly moves out from this request, you will have no further problems to worry about. You might have a problem, though, if the tenant refuses to comply. If this happens, your attorney can help you file a formal eviction notice through the court system. The tenant will have to abide by this if the judge rules on your behalf.
Evicting tenants is never a fun experience, but it is something that every landlord will have to go through at some point. If you would like advice or help with evictions, contact a real estate lawyer in your neighborhood.