What You Need to Know About Eviction Court Hearings

If you’ve ever had a nightmare tenant, you know how frustrating it can be.

Late rent, unauthorized pets, complaints from neighbors—all can create a constant headache.

Fortunately, you have a remedy for situations like these: eviction. But the eviction process is often much more complex than a first-time landlord may think. Between sending the right eviction notice, collecting evidence for the hearing, and removing the tenant, the laws that regulate evictions are severe.

A strong understanding of the eviction process is the best way to ensure you’re prepared should a bad tenant come your way.

This article breaks down a few of the key things to understand about eviction court hearings.

Preparation is key.

As is true for any legal hearing, preparation is the key to an eviction court hearing. If you don’t properly prepare for the eviction lawsuit, there’s no point in filing for one.

The number one thing you should do to prepare for the hearing is to research your state’s eviction laws. Ensure you’ve followed the legal regulations so that you know what to expect in the courtroom.

You’ll also need to collect and organize the proper documentation and paperwork that you’ll need to show the judge. First and foremost, you’ll need the original copy of the signed lease agreement. This will help you prove that your tenant did indeed break the lease agreement. Other relevant documents include emails, texts, or phone calls between you and your tenant; rent payment receipts; or statements from witnesses, neighbors, or roommates. Lastly, you should also have a USPS certified mail receipt to prove that you sent the proper eviction notice and waited the appropriate length of time before filing.

It’s a good idea to hire a lawyer.

In most cases, it’s an extremely prudent choice to hire an eviction attorney for the unlawful detainer suit. It might feel intimidating, but doing so is the best way to ensure a positive outcome.

Choose a lawyer whom you feel comfortable working with—it can be helpful to read online reviews, research their prior work, or get a personal reference from another landlord. The legal fees are likely to be hefty, but the experience and expertise of a lawyer is almost always worth paying for. Remember give your lawyer a full summary of the situation with all related documents and keep any copies of correspondence with the lawyer as well.

You’re a landlord and not a lawyer for a reason – When it comes to the eviction process, let an expert handle the legal parts.

They are expensive.

Something else you should know about eviction court hearings before starting one is their cost.

The average eviction costs between $3,500 and $10,000. This is no insignificant fee for most landlords, especially if you’ve just started your rental business. Be prepared to pay fees at every step of the way—when you file the case with the court, when you hire a lawyer, and when you take the Writ of Restitution to the sheriff’s office to remove the tenant.

These fees don’t even begin to cover the true extent of the costs of evictions. The majority of the cost is lost rent, as evictions lawsuits can take weeks to months. You’ll also lose valuable time you could be investing in other business goals. While you’re focusing on the eviction, you might have to drop other responsibilities: Applicants might go unscreened, regular inspections forgotten, and other potential property deals unexplored. Unless you can contract out help to complete these tasks (or you hire a lawyer to handle the entire eviction process), you’re going to have to accept that the eviction will be a temporary setback.

Conclusion

No tenant wants to receive that eviction notice, and no landlord enjoys sending one. But for landlords, removing bad tenants is a mandatory component of running a successful rental business. By understanding as much as you can about eviction court hearings before you attend one, you will increase the odds that the outcome is a successful one.