Evictions, also known as unlawful detainers, can be one of the most financially and emotionally draining processes in property management. Navigating this difficult situation requires patience, a logical mindset, and a thorough understanding of the legal steps involved. Even when handled correctly, evictions can result in significant financial losses due to unpaid rent, legal fees, property repairs, and prolonged vacancies. Acting carelessly or skipping essential steps may force you to restart the process, leading to further delays and expenses.
Before initiating an eviction, it’s important to evaluate the situation carefully and consider all possible outcomes.
Step 1: Assess the Situation and Explore Alternatives
Before proceeding with legal action, ask yourself:
- Is the tenant open to an amicable resolution?
- Has communication been civil or hostile?
If the tenant is receptive and willing to discuss alternatives, a mutually agreeable solution may be possible—saving time, money, and stress. Options like a “cash for keys” arrangement or agreeing to terminate the lease voluntarily can often resolve the situation faster and with fewer costs. Exploring these alternatives is always worth considering before committing to a lengthy and expensive eviction process.
However, if communication is non-existent, hostile, or the tenant has repeatedly failed to follow through on promises (such as making payments), proceeding with formal eviction may be the only viable option.
Step 2: Make One Final Attempt to Resolve the Situation
Before filing for eviction, it’s good practice to make a last-ditch effort to salvage the relationship. Consider sending a formal, written notice that outlines a clear path to avoid legal action. For example:
“If the full rent amount of $________ is paid by 6 PM on Thursday, we will notify the ownership group to delay any legal action.”
This final attempt gives the tenant a clear deadline and demonstrates that you are making every effort to avoid eviction. If no response is received or the deadline passes without payment, it’s time to proceed with legal action.
Step 3: Initiate the Eviction Process
If the tenant fails to comply, the next step is to contact your real estate attorney. Ask for a list of required documents to begin the eviction filing. Typically, this includes:
- Proof of communication attempts
- Copies of lease agreements
- Notices served to the tenant
- A signed declaration of service confirming the delivery of notices
Once you’ve gathered and submitted these documents, your attorney will prepare and file the unlawful detainer with the court.
Step 4: Notify the Tenant and Prepare for the Court Hearing
After filing, the tenant will receive notice of the eviction within 7-10 days, depending on local regulations. The court will then schedule a hearing, and you will receive notice of the court date.
It’s highly recommended that you attend the hearing with your attorney. Alternatively, your attorney can represent you. By the time of the hearing, you will likely have some indication of the tenant’s intentions—whether they plan to contest the eviction or attempt to negotiate a settlement.
If the tenant obtains legal representation or provides new information, the process may extend by 3-7 weeks or longer, depending on the court’s schedule and any unforeseen complications. However, if there are no challenges or delays, a clean eviction can typically be completed within 3 weeks from the time you submit all the necessary documentation to your attorney.
Step 5: Be Prepared for Possible Delays
While a straightforward eviction may take around 3 weeks, it’s wise to prepare for potential delays. If the tenant decides to contest the eviction, seeks legal counsel, or introduces new information, the process may stretch to 6-7 weeks—or even longer in some cases.
Evictions require acute attention to detail, precise documentation, and continuous communication with your attorney to ensure the process is handled effectively and ethically.
Final Thoughts: Minimize Risks and Protect Your Investment
The eviction process is undoubtedly stressful and time-consuming, but approaching it with a methodical and professional mindset can mitigate risks and minimize losses. By considering all options, communicating clearly, and working closely with your attorney, you can navigate this complex situation in the most efficient and cost-effective manner.
While we hope you rarely encounter the need to pursue eviction, being prepared and informed will help safeguard your investment should the situation arise.