Eviction Process

There are two reasons to evict a tenant in Chesterfield, and those are: nonpayment of rent; or, a refusal to comply with the terms of the lease agreement. The most common reason you’ll need to evict someone is because they’ve stopped paying rent.

Every landlord and property owner dreads the idea of eviction. However, if your tenant is not paying rent, you don’t want to wait too long to begin the eviction process. Act quickly to avoid a longer than necessary process.

Provide Tenants with a Five Day Notice

Your first step in the process is to serve a formal notice. With your Five Day Notice, you are letting your tenants know that rent is overdue and they need to pay within five days or vacate the property, otherwise you’ll pursue eviction. It’s important that you take this step before you file an eviction lawsuit. Everything needs to be done correctly and lawfully; otherwise your eviction process will take longer and become more expensive. Document everything in writing. Deliver your notice to your tenants, or post it on the door. If you post it, make sure you mail a copy as well.

If the tenants pay you within the notice period, there’s nothing else you need to do. Your tenants can stay in the property and you’ve collected your rent. They might contact you and ask for a few more days to pay. Whether you decide to allow this is your decision. If you do agree to a payment arrangement, put it in writing and have it signed.

Initiate the Eviction with a Summons for Unlawful Detainer

Your next step will be to file for an Unlawful Detainer in court. You’ll need to prove that you provided the written notice, and then the court will issue a summons to the tenant. A hearing will be scheduled.

The tenant will have an opportunity to contest the eviction at the hearing. If this happens, a trial date will be set. You’ll need to begin laying out your case for why the tenant should be evicted. You can use a copy of your lease and your rent receipts to demonstrate the unpaid rent.

If the tenant does not show up at the hearing or admits that rent has not been paid, you can file for a Writ of Possession. This will enable you to evict your tenant and get your property back.

Work with an experienced attorneyWe always recommend that you work with an experienced attorney when you’re evicting a tenant. Sometimes, it’s easy and over within a few weeks. However, things can get complicated, especially if your tenant decides to contest the eviction.

We’d be happy to help you if you need advice on removing a nonpaying tenant. Please contact us at The Wright Choice Richmond Realty Group, and we’ll tell you more.

Posted by: wrightchoicesocial on December 7, 2018
Posted in: Uncategorized