A property without tenants is ready to be sold. If there are people currently living in it, you’ll need to get them out before anyone will purchase the property. If the tenants living in the property always pay rent on time and don’t cause you trouble, you may not be able to formally evict them. If this is the case, tell them what’s going on. [read more="Read more" less="Read less"]
Give them their deposits back and waive any consequences associated with early termination if the tenant decides to leave early, and write them a recommendation letter that they can show to other prospective landlords. Do what you can to help them find a new place, but don’t attempt to force them out. To do so may be illegal, depending on how you do it. It’s not worth playing with fire, especially if your tenants are dependable.
It’s relatively easy to evict a tenant for nonpayment. Monthly tenants can be served with a 5 Day Notice to Pay Rent or Quit. For weekly tenants, you can serve the same notice, but reduce the term to 4 days. This notice needs to touch on several major pieces of information: When the rent was officially late, how much rent is owed, that the tenant can pay the rent within the timeframe, that the tenant has the right to respond to the notice, that you have no intent to use any self eviction methods, that the tenant has the right to object if the notice is perceived as discriminatory or retaliatory, and that they sheriff can legally remove the tenant for nonpayment.
For tenants who are disturbing the neighbors, running a business out of the property, subletting without permission, or violating the rights of people around them, they can be served a 3 Day Notice to Quit for Nuisance. Any other violation of the lease terms is subject to a 5 Day Notice to Perform Lease Condition or Quit.
When the terms of any of these notices fail to be met, the tenant can then be served with a 5 Day Notice of Unlawful Detainer. The tenant can then file an objection with the court as to why they shouldn’t have to leave, or request the court allow them to stay for a maximum of 10 more days. On the 6th day after personally serving the notice or 9th day after mailing it, you can file a complaint with the court for Summary Eviction. After the order is granted, the sheriff or constable can remove tenants that refuse to voluntarily leave according to the order.
Formal eviction is an alternative to summary eviction, and it’s the process you’ll need to pursue if the tenants have left you in severe debt. If you’re seeking monetary damages that exceed unpaid rent (such as those that would remedy substantial damage done to the property by the tenant), you’ll need to file for formal eviction. This is essentially the same as summary eviction in every way, except for that landlords can be awarded the monetary value of damage that they can prove is the fault of the tenant. [/read]