Evicting a tenant is one of those things no landlord wants to deal with—but sometimes, it’s unavoidable. Maybe the rent checks stopped coming, or your tenant decided to turn your place into an impromptu petting zoo (without permission). Whatever the case, you want them out, but you also want to do it the right way without legal headaches or extra stress.
The biggest mistakes landlords make when evicting a tenant include skipping proper notice, not following local laws, getting too personal, and failing to document everything. Avoiding these errors can save you time, money, and legal trouble.
In this article, we’ll go over the most common eviction mistakes and how to do things the right way. Whether you’re dealing with a difficult tenant or just need to regain control of your property, these tips will help you stay on the right side of the law.
1. Not Giving Proper Notice
You can’t just wake up one morning, decide you’ve had enough, and toss your tenant’s belongings onto the sidewalk. (Well, you can, but you’ll likely end up in court.) Most states require landlords to give tenants a written notice before starting the eviction process.
There are typically three types of eviction notices:
| Type of Notice | Reason for Eviction | Common Notice Period |
| Pay or Quit Notice | Non-payment of rent | 3-7 days |
| Cure or Quit Notice | Lease violations (e.g., unauthorized pets) | 3-30 days |
| Unconditional Quit Notice | Serious violations (e.g., illegal activity) | Varies by state |
Quick Tip: Always send eviction notices in writing and keep proof of delivery. Some states even require certified mail or in-person delivery.
2. Ignoring Local and State Laws
Every state (and sometimes even city) has its own set of eviction laws. What’s legal in one place could get you fined or sued in another.
Some states require landlords to go through formal eviction proceedings, while others allow landlords to remove tenants more quickly. Either way, skipping legal steps—like filing in court if required—can get your case thrown out.
Info: Check your state’s landlord-tenant laws before filing for eviction. Websites like Nolo and your local housing authority can provide state-specific information.
3. Trying to Evict a Tenant Yourself
No matter how frustrating the situation is, you cannot take matters into your own hands. That means:
- No changing the locks.
- No shutting off utilities.
- No throwing their stuff out.
This is called a self-help eviction, and in most states, it’s illegal. If you try to kick a tenant out without going through the legal process, you could be sued for wrongful eviction—and that could cost you way more than just letting the lease run its course.
Warning: If you attempt a self-help eviction, your tenant could sue you for damages, and courts often side with the tenant. Stick to the legal process.
4. Not Keeping Records
If you end up in eviction court, you’ll need proof that you followed the rules. That means documenting:
- Late rent payments (or lack of payments).
- Lease violations.
- Copies of all notices sent to the tenant.
- Any communication between you and the tenant.
A judge isn’t going to take your word for it—you need a paper trail to back up your claims.
Suggestion: Keep digital and physical copies of all eviction-related documents. Emails, text messages, and bank statements can serve as evidence if needed.
5. Accepting Partial Rent Payments During Eviction
Here’s a tricky one: You’ve given your tenant an eviction notice for non-payment of rent. Then, they offer you a partial rent payment. Should you take it?
In some states, accepting even part of the rent resets the eviction process. That means you’ll have to start over from square one. If you’re serious about evicting the tenant, it’s usually best to decline the payment and proceed with the legal process.
Fact: Some landlords add a clause in their lease stating that partial rent payments won’t stop an eviction. Check if this is allowed in your state.
Conclusion
Evicting a tenant isn’t fun, but it’s even worse if you make costly mistakes along the way. By following legal procedures, keeping records, and avoiding self-help evictions, you can make the process smoother—and avoid unnecessary legal trouble.
If you’re unsure about eviction laws in your area, consider consulting a local attorney or landlord-tenant expert. A little research now can save you a lot of headaches later.
Frequently Asked Questions
How long does the eviction process take?
It depends on your state. Some states allow evictions in as little as a few weeks, while others can take several months, especially if the tenant fights it in court.
Can a tenant sue me for wrongful eviction?
Yes. If you don’t follow proper legal procedures, a tenant can take you to court for wrongful eviction—and they may even be entitled to damages.
What happens if a tenant refuses to leave after being evicted?
Once you win an eviction case, a law enforcement officer (like a sheriff) will handle the actual removal. Do not try to force the tenant out yourself.
Do I need a lawyer to evict a tenant?
Not always, but it helps. If the tenant fights the eviction or if you’re dealing with complicated legal issues, a lawyer can guide you through the process.
Can I evict a tenant for being messy?
Not unless their mess violates the lease agreement or causes damage. General untidiness isn’t usually enough to evict someone—but if it’s a health hazard, that’s a different story.Bottom of Form
