An Absolutely Must Documentation/Checklist While Evicting a Tenant

In this article, we are going to make a complete list of the eviction paperwork, no stone unturned! (You can also download the List at the end of this article) Tenant Eviction is a legal process, hence proper documentation is a must thing.

Do you think, evicting a tenant, is directly related to the success or failure of your landlord business? I believe it is! So this part of the eviction procedure is very important to your success or failure in your fight with your problem tenant.

Eviction Paperwork

There are 2 stages of these legal process where you have to produce documentation.

  • Stage 1- When you apply to the court to initiate the eviction process(to obtain a hearing date)
  • Stage 2 – When you appear to the hearing to fight for the judgement in your favour

Eviction Paperwork required to obtain the Court hearing – Stage 1

Depending upon the kind of violation, the court officials would require the landlord or the applicant to produce the proof of the first notice. Based on the detail of that notice, the court would issue a notice of hearing or summons.

The landlord or applicant would have to show that the stipulated procedure has been followed. Meaning, for an example, if it is the case of non-payment of the rent, the minimum period was allowed, as required by the law, before the application to the court.

So the list of documents at this stage is as follows –

  1. Copy of original notice given to the tenant
  2. The proof of service or the certificate of service that proves the delivery details of the notice
  3. Lease (if not a verbal agreement) –  Not required in all jurisdiction

 

When you appear to the hearing to fight for the judgement in your favour – Stage 2

This is the stage where you have to produce all the Eviction paperwork related to your case. There are 2 sets of documentation.

  1. All the official forms, notices, summons and certificates or proof of service

Starting from the first notice, whatever paper trail you produce in this tenant eviction procedure, is required here. This list would include, first notice and it’s proof of service, your application to the court, receipt of your application with the court, Sammons or Notice of Hearing, and the proof of service if you are delivering the notice of hearing to the tenant on behalf of the court. In some jurisdiction, the court would allow the landlord to deliver the notice of hearing to the tenant.

The proof of service or the certificate of the service is a very important documents and often times it’s forgotten, which can delay the procedeeings

2. Lease and proof of your claim

This set of documents are all the proof of the violation which you claim as the basis of your complaint against the tenant. If the tenant has violated any condition on the lease, you have to show the lease agreement with the tenant signature to the court. In case of non-payment of rent, there may not be any proof. If the tenant is paying the late rent consecutively, you have to collect the proof of late payment. That’ll be in the form of an actual receipt or electronic proof from your bank account if the tenant is paying by email transfer.

If the complaint is about any damage to the property, you need photographs or any other proof. The onus lies on the landlord or applicant to produce valid and admissible proof to convince the court of the offence or violation.

The following list would remind you of any missed proof or documentation which may help you in the court.

  • Any email correspondence with the tenant
  • Text printouts and call (notes if taken) communication with the tenant (most courts do not recognize text msg proof, regardless you keep it with you, leave it to court’s discretion)
  • Police report or testimony from the police officer who showed up on the occasion of a violation
  • Another tenant testimony
  • Bills of the repairs for damages and contractor’s testimony

Prudent Approach and Conclusion

It’s is a tedious job to collect all the documents and proof required for the eviction Paperwork. The prudent approach would be to make a habit of collecting documents and proof and file them. You would not find it difficult to collect the listed documents if you are well organized and have already filed everything as and when it happened or it happens.

Click Here for the Ultimate Eviction Paperwork List 

Please share your valuable view about this article below in the comment section.

Thanks for your visit and Happy Landlording!

 

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