How to Evict Tenants and Roommates

It's a very sad time when you need to evict someone. Sometimes we depend on them to cash flow our mortgage payments from month to month and many of us don't have emergency funds for unexpected times likes this. I highly recommend having 3 to 6 months worth of living expenses to save ourselves by buy us some time to deal with irresponsible tenants. A good 6 months savings plan that I'm aiming for is $24000 from what I calculated to live comfortably and make my mortgage payments all by myself. I also learned to cut my lifestyle tremendously when I started saving this much money. You start to realize the value of money and how hard it is to scrounge and save every penny. Eventually you stop splurging it on a dumb toy, hobby, latest gadget, and for some people women.

I'll outline the steps to take to evict a roommate or tenant but check with your state's most recent Landlord and Tenant Act because they might vary. Please be advise that this is from my own knowledge from what I've read and that the details of your situation could be different from mine. I'll have references to the books that I used that are really helpful to me.

• Step 1 - Tell the tenant to pay rent every day that day are late verbally for 3 days. You knock on their door and get face to face with them and kindly ask them to pay rent
  
  
• Step 2 - On Day 4, Deliver a hand written 30 day notice in person or certified mail to pay rent or quit, commonly known as the eviction notice. The notice can be given at any time except for the day is due. I usually give them a few days cause, shit happens. I would serve it after 3 days just to save yourself from the time it takes to actually evict them if they really don't want to pay. Tenants with a 1 year lease may need a 60 or 90 day notice.That's a lot of money lost. Time is money and an eviction takes time. Make a copy of the eviction notice and give it to them with a date and signature. An Example of the eviction notice.

To: Joe Blow

August 23, 2007

This is a 30-day notice from the above date for the month July 20, 2007 to August 20, 2007 is now due and payable. You are required to pay the amount within 3 days from the date of this notice or to vacate the premise at 123 Main st, Los Angeles 90023.

Sincerely,

John Doe / Landlord

• Step 3 - It is illegal for anyone to forcibly evict, change locks, or threaten the tenants in order to get them out. You'll usually be in a losing battle as soon as you do this. Treat them the way you would when they paid rent on time. Then you need to go to your local city court to file and action for eviction. There is a small filing fee depending on the court. A court date will be set to present your case. The tenant will get a notice to appear in court.
  You will present your case and they will present theirs. Most of the time the landlord will win. Upon rewarding you with the damages to pay all rents due including late fees. Ask the judge if you can apply the deposit to the rent s due.
  
  
• Step 4 - The judge will have a date set for them to move out. They have about 3 to 5 days. If the tenants have not vacate the premise then a sheriff will help remove them for you. Ask them for procedures. You'll need to contact the courts again for that to happen.

• Step 5 - You give the evicted tenant 15 days notice that you will sell their belonging if they don't come and pick of their belonging and pay for the rent owed. The remaining profits from the sale must be returned to the evicted tenant.
  

I hope that no one ever has to go through anything like this but the best well to deal with this an eliminate the stress involved is to be able to have the emergency savings to make the mortgage payments and ride out the rough times of not having that added cash flow during the eviction process.

Here are the references to the books I've used