how do I evict non paying tenants?

Answer 1

You call the police. They will deliver a notice that they are being evicted, which will give them a certain amount of time to vacate the premise. If they still do not leave, you call the police again, and you set up a time to evict. When you this happens you should have a lot of people to help you. Basically, the officer knocks on the door, informs the tenants that they are being evicted and must leave the premise. Then you and your friends go in and remove every item from the place and put it in the front yard (or sidewalk, or where ever). When everything has been removed, you must leave, and the officer takes the tenants back the property to make sure you didn't miss anything. It is not a fun process. I've helped someone with an eviction (a nasty one, too, they didn't throw away dirty diapers or dirty tampons, just left them on the floor).

Answer 2

Depends initially on how much rent they have missed and how long they have been in the property.

If they are out of the initial term of the tenancy (whatever the contract states or after a break clause period) then you can serve a section 21 notice which will require the tenants to be out in 2 months from the next rent due date. This notice can be served for any reason that you want them out.

If they have missed at least 2 months payments (at any time in the tenancy) you can serve a section 8 notice (this should be done through your solicitor as it has to be word perfect). This will give the tenants 14 days to vacate the property.

If after the expiry of either of these notices, they have not left, you can apply to the courts for a possession order. In the case of the section 21 notice, this will be a straight forward process whereby you will be granted a possession order straight away as there is nothing to defend, basically, it just indicates that you want them out for any reason.

In the case of the section 8 notice, you will need to attend a hearing. If the tenants still owe at least 2 months rent at the hearing then you will be grated a possession order as the court has no discretion under ground 8 of schedule 2 of the Housing Act 1984. If however, they have paid up some or all of the rent, it is at the discretion of the court whether the order is given. However, you can also claim possession under grounds 11 and 12 which relate to some of the rent being unpaid or persistant late payments.

The court will generally be on the side of the Landlord so you will likely get the possession order either way.

Remeber that a court order is the only way to actually remove tenants from a property. Sending round the "heavies" is not a legal option!!

Answer 3

As a landlord myself I have had similar problems - it's quite difficult - not so much the actual procedures, but getting a judge to agree an eviction order, they're very sympathetic to tenants about to be evicted - unless they are council tenants.....
However don't let that put you off because until you get there, to court that is, you are still in a situation of having no rent paid ....
I would recommend that you go to the small claims court (usually the county court) - explain to the desk clerk what your problem is and they will direct to an available counter - there you should be able to pick up a number of leaflets about the process, about applying for a court order and what to do if the order is not complied with ..... the clerks there are very helpful - at least that's been my experience......

Answer 4

the two circumstances are unrelated. If a tenant does not pay lease, the owner can evict the tenant era. the actuality that the economic agency has all started the foreclosure technique ability no longer something to the tenant. the owner nevertheless owns the valuables and lease continues to be by way of landlord. as quickly as the foreclosure is executed and the economic agency formally and legally takes possession of the valuables, then the former landlord does not very own the valuables and can't assemble lease for it. At that ingredient the tenant is left to handle the area with the economic agency that owns the valuables, and the regulations that govern this occasion variety from state to state. the biggest right this is that till the final day of foreclosure whilst possession legally transfers from the owner to the economic agency, the owner has finished criminal authority to gather lease and evict non-paying tenants.

Answer 5

You are in England

They will be on Statutory Shorthold tenancy or Stautory Periodic Tenancy.

If they have been tenants for 4 months you can give them notice without grounds to run from the 4th monthly rent date.

Before 4 months it is difficult because they will initially be given time to pay and you will have to give grounds. Grounds are specific reasons, you will find a list of these by doing a search on UK tenants, grounds for notice.

To give them notice specifically for non payment they must be 14 days in arrears but the 2 months notice has to expire 2 months after the following rent date.

You can simultaneously, take them to small claims court for the rent owed and you do not need to give any notice for that.

Answer 6

First you must give them up to 14 days after rent is due to pay rent, some states it is 7 days, then you hand them a notice that they have seven days to cough up the cash or they must find a new place to live. When that goes by, go to your local court and get a court order to have them evicted. It might take up to two months, but now, you have every right to keep their security deposit.

Answer 7

First you find out if the law in your state requires you to give your tenants any sort of notice before filing in court. If it does, then do it and file in court when the notice period has expired.

If your state does not require notice, just go down to the court and file.

Answer 8

depends on where you live, each state (or country) has their own laws....think you have to go to the courthouse, and file for eviction. Used to run an apt. complex, and it could take up to three months in the state where I was...by then they get three months free, and split before you can evict them...check it out at your courthouse what your rights are in your area...

Answer 9

If you're in the UK then you can apply for an eviction notice.

Answer 10

Give them 14 days, and be nice in that time. On the 15th day, kick a*s. No more Mr Nice Guy. Possessions on street, the lot! (erm... theirs, not yours!) I've had problems previously with tennants cause I was too friendly and soft. Not any more! Get them out while you can! Oh, and dont take any excuses: Would your utility companies accept yours? Check out the link...