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A Quick Landlord's Guide to Evictions

A Quick Landlord's Guide to Evictions

According to research from Eviction Lab at Princeton University, landlords file an average of 3.6 million eviction cases each year, which results in about 1.5 million evictions. 

There are several reasons why landlords may need to evict a tenant, even though most know the process can be lengthy and costly.   

If you're a landlord, this short guide will help simplify the eviction process for you, so keep reading.

1. Understand Eviction Laws

Before you evict a tenant, take some time to understand eviction laws. The Fair Housing Act has anti-discrimination guidelines for the eviction process at the federal level.

There may also be national guidelines in place that affect the process. One example is the moratorium on evictions under the CARES Act at the start of the pandemic, which the CDC extended several times throughout the past two years.

Further, each state has its own laws for eviction. There may also be specific county or city laws. For example, Nevada law states that a landlord can evict a tenant for not paying rent or violating a lease. 

By learning about the laws in your area, you ensure you have a legal reason to evict. 

2. Speak With Your Tenants

Before you begin official eviction proceedings, speak with the tenants to see if there is a way to resolve the situation without going to court. Sometimes a face-to-face meeting in a neutral environment, such as a coffee shop, can produce a positive result. 

It is ideal if you can collect the rent owed without going to court.

3. Deliver a Written Notice of Eviction

If you cannot agree, you must deliver a formal eviction notice. Nevada state law will tell you how to deliver the notice correctly. Usually, the law requires you to personally serve the written statement and certify the delivery with proof of receipt. 

The notice must include:

  • The date the tenant must cure or quit
  • The total amount owed by the tenant for unpaid rent
  • Number of days the tenant has to respond or leave before court proceedings begin

4. File in Court and Attend the Hearing

If you need to proceed with the eviction, the next step is to pay a filing feed and schedule a hearing date with the court for the eviction. The court will ask you to provide documents, such as:

  • Copy of the eviction notice
  • Proof of delivery
  • Evidence that the tenant had ample time to respond 

Then, the court will notify the tenant that a lawsuit is pending. 

To prepare for court, collect the following:

  • Original lease agreement
  • Payment records
  • Copies of correspondence between yourself and the tenant
  • Copy of the eviction notice
  • Proof of delivery 

The judge will rule in your favor in most cases. If you win, the tenant will need to vacate the property. If they refuse to leave, you may need to contact the local police. 

The court may also award you for any past due rent or damages caused by the tenant. However, sometimes you need to file a separate lawsuit in small claims court to recoup these costs. A collections agency or attorney can help you collect your judgment.

Get Help With Evictions

As a landlord, you'll have to deal with evictions sooner or later. They may not be pleasant, but sometimes they are necessary to protect you and your property.  

If you own rental properties and need help managing them, contact us at Blackbird Realty & Management, Inc. We handle evictions and offer many more services to our clients. Ask us for advice, and we'll offer plenty of good landlord tips.