Eviction Day

​Eviction day is filled with emotion for tenant and Landlord. This blog deals with how to keep that emotion from turning into actions that both the tenant and landlord will regret.
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Eviction is not a singular event. It is a culmination of weeks or months of work by many people for and against it. Since emotion is a key component of eviction the landlord is the only one who can control how much of that emotion is directed toward the property in damages. So, from the very beginning, the landlord must keep a cool head and make all their responses to tenant actions (or lack of action) business-like and professional.

It usually begins with the rent not paid in full or paid at all. From that point forward the tenant must be made aware that they have started down the road to eviction. Name calling, threats, inflammatory messages do not help. My favorite approach is to just send a statement of account with a message on it explaining that if the rent is not paid (or a payment plan discussed) by a certain date then a filing in rent-court will be made.  Repeat offenders will get a text message saying “Rent or rent court?” All future actions and interactions with the tenant must be made in this “if you don’t do this, then this will happen” format. So, it is important that the landlord stay committed to making good on all promises. In this way the landlord’s credibility increases, makes the situation more real for the tenant and thus motivates the tenant to take action. I always remind the tenant that it is far cheaper to pay and stay then to be forced out and then face me coming after them in collection court.

When all else fails you arrive at eviction day. The landlord must be prepared and be in compliance with the city/county regulations. They must be followed exactly or the tenant can restart the entire process through a technicality. This usually means the following:

• Arrive early and have all required paperwork.
• Have your clean out crew (with the proper number of people) ready
• Have keys to the present locks, and new locksets ready for installation
• Have an electric drill ready to drill out the door lock if the tenant has changed the locks or refuses to open the door.
• Do not enter the property (not even step foot in the yard) before the Sheriff arrives.
• Let the Sheriff do his/her job and make contact with the tenant.
• If you believe that the tenant might be armed, stand to the side of the door as it is unlocked.
• Once you are in the house take pictures of every room BEFORE any furniture is removed
• After everything is out, make a detailed list of damages and items needing repair.
• Secure the house with new locksets.

If the tenant is present, apologize for the situation and emphasize that this is not personal but business. Then ask them for a forwarding address to send a final statement. It is unlikely that anything will be left from their deposit, but as a landlord you are obligated to send a final statement. Do not show any emotion at what you see. Also let them know you will be pursuing them for damages not covered by their security deposit.  Of all my evictions, 95% of the tenants have moved out the night before. If they are still moving out on eviction day, have the clean-out crew assist them in moving out their belongings so that the house can be secured as quickly as possible.

Evictions can be dangerous if not handled properly and result is a lot of damage if the tenant has been motivated to become vindictive. So, it is in the best interest of all involved to either be disciplined throughout the process or let an experienced property manager handle the situation from the beginning.

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