As landlords, we know that there may be a time when tenants are unable to pay their rent, for multiple reasons. When this happens, it’s nice to have some guidance on what to do next. If you have a non-paying tenant and you believe all collection avenues have been exhausted, you need to pursue legal eviction and force the tenants to vacate the unit.
What is the Process of Evicting a Tenant?
First, you need to post an official Three Day Notice to Pay Rent or Quit. This notice directs the tenants to pay what is owed or surrender the property. Keep a copy of the notice for your records. Continue with normal collection efforts when you have a tenant not paying rent. Make calls, and send emails and texts. You never know – their situation may change, and they might be able to come up with the money eventually.
Pursuing a Tenant Eviction
When the three days expire, you’ll need to hire an eviction attorney or an eviction company that has an attorney on staff. The attorney will ask you for specific documents to begin the eviction process. You’ll need to provide the tenant’s transaction ledger, payment ledger, the lease, and a copy of the Three Day Notice. Once the attorney has the documentation, they will serve a tenant eviction notice and file with the court. A court date will be set.
Court Hearings and Mediation
Attend the court hearing with your attorney. If the tenant doesn’t show up, the judge will grant the eviction with no question. If the tenant does come to court, the judge will want you to mediate and settle on a date that the tenant will vacate your property. This doesn’t mean the tenant gets to stay; it simply means that the judge wants all parties to schedule an ideal date for the tenant to move out. In Idaho, if the tenant has not paid rent, the eviction is pretty simple. The judge may give them a few days to vacate, but the decision will always be for the tenant to move out in a short period of time.
Eviction can seem harsh, but it’s the business of owning a rental property, and if your tenants cannot pay, they must be removed.