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A tenant eviction is not something any landlord looks forward to, but sometimes you're left with no choice. If a tenant is delinquent or violates other terms of the rental lease, you can evict them.
However, you cannot go to the property and lock out the tenant or force them out. All tenant evictions must follow the legal process. Every state has its own laws for dealing with evictions.
This article focuses on evictions in Columbia, Maryland. If you're a landlord here, continue reading to learn how to go about getting rid of a tenant legally and successfully.
Issue an Eviction Notice
The first step in the eviction process is to serve the tenant with a notice of eviction. The notice will inform them of their violation(s), what they need to do, and the amount of time they have to take the necessary steps.
You can issue the notice in person, send it by first-class mail, or post it in a conspicuous area of the property. It's in your best interest to verify that the tenant has received the notice; otherwise, an already lengthy process could become even longer.
You must also ensure that the reason for the eviction notice is valid. Failure to pay rent is the most common reason, and you don't have to issue an eviction notice when that's the case. The tenant knows they have a responsibility to pay rent, so the law allows landlords to file an eviction lawsuit once the rent is late.
Most other reasons for eviction will require a 30-day notice.
File an Eviction Lawsuit in District Court
After you have duly served the tenant with a notice of eviction, the next step is to head to the District Court of Maryland and file a lawsuit.
However, it's important to note that you should only proceed to court if the tenant hasn't acted as required by the eviction notice. If the reason for eviction is rent delinquency, the tenant can stop the process by fully paying what they owe.
You should only go to court if it's clear to you that the tenant won't do as you asked them to do voluntarily.
Get a Writ of Restitution
In court, the tenant will have a fair hearing. They'll present their evidence if they feel the eviction is unfair or illegal.
Assuming that the lawsuit is successful, a Writ of Restitution will be issued soon after. The tenant will be given some time to move out peacefully, without which law enforcement will remove them.
Evictions Are a Landlord's Biggest Headache
Rental evictions are costly and time-consuming. You have implemented measures, such as tenant screening, to minimize the chances of getting bad tenants, but some can slip through the cracks.
Taking a professional approach to managing properties could be the best move for you. PMI Real Asset MGMT offers full-service property management in Howard and Anne Arundel counties, MD, and is part of a franchise network that has over 20 years of experience.
Get in touch with us and let's help you make eviction headaches a thing of the past!
