If your resident will not work with you to resolve the problem and/or they will not move out, now is the time for the Eviction Notice. Hopefully you’ve already done your research so you know what steps to take that follow procedures as outlined by your state. There are different eviction notice forms and you will need to know which one fits with your situation. In Utah, for example, with a resident who hasn’t been paying their rent there is a three day notice that states they have three days to pay their rent or move. If neither of these steps are taken, they will be sued for eviction.
Along with using the correct notice, make sure you also follow the correct timeline as your resident will need to receive sufficient notice. When giving a notice, the best way is to tape the notice on their door and to also send a notice through the mail so you can obtain a receipt that it was delivered. This will be important to keep in your records.
Best case scenario, your resident will finally realize you are serious and be more cooperative. If that doesn’t happen...
Going to Court
Now it is time to involve the courts. This is probably the part you were hoping to avoid, as it can take even more time and is the most costly step in the process. There are the court fees. Plus, if you didn’t have an attorney before, you should get one now. You will need to file for the eviction and it is here you will first need to show proof that you gave sufficient notice to the resident already.
After you have filed, they will give you a date for the hearing and send a summons to your resident. Your attorney will tell you what documents you need to round up before the hearing. Keeping good records throughout the process is important for this reason. Some documents that may be requested are the lease agreement, photos of damage, or bounced checks.
At the hearing, it is recommended not to be too emotional. If you’ve gone through the process legally, have sufficient reason to evict, documented what happened, and treated the resident civilly throughout the ordeal, the hearing is likely to go in your favor. Remind yourself of this if you are having trouble staying level-headed.
Once the ruling has been made, the resident will be given a specified amount of time to move out. Do NOT force the move yourself. If they still aren’t leaving, contact your sheriff’s office and they will send someone who can forcibly remove the resident.
Financial Restitution
In many cases, the court will order the resident to pay financial restitution. This is nice, considering how much money you have lost through this whole process, but try not to have your heart set on it.
There are a couple of options to help you gather the money-
1. Go to small claims court - may be able to garnish wages or tax refund
2. Hire a private debt collector
The landlord experience certainly isn’t a field of daisies. Good luck as you navigate the eviction process. One way to help avoid going through this again is to run a background screening on all applicants before signing a lease with them.
