You worked long and hard to buy your house, and now you want to rent it out for extra income. You may use the money to supplement your retirement plan or to maintain other rental properties.
You lease the property to a tenant you believe will pay the rent on time and without issue. And then the tenant pays the rent late, and this continues month after month. You are losing money, and the stress is becoming intolerable. What can you do? How do you evict your tenant?
The tenant stops paying rent
You tenant continues to pay the rent late or sometimes does not pay at all. You can decide to evict and seek monetary damages. And so, the eviction process begins.
- File a Failure to Pay Rent form. File the form in the county of the district court where your property is located. For instance, if you live in Montgomery County, you would take your form to the Montgomery County District Court in Rockville.
- You then need to have the tenant served.
- When you go to trial, the court may enter a judgment for possession. The tenant can no longer live on the property.
Evicting the tenant
You now have the paperwork which shows you can legally evict the tenant. But the eviction procedures continue.
- You must wait four days after the judgment before you can perform the eviction.
- Obtain and file a Petition for Warrant of Restitution.
- Notify the tenant of the time of eviction. You do not need to notify the tenant yourself. However, it may give the tenant time to move his or her belongings before the eviction date.
- The sheriff or constable will arrive at the property and stay during the eviction.
The entire eviction process may take several months, which can mean you lose more money, not just in rent, but in filing fees and attorney’s fees. Speaking with an attorney may help relieve the stress that goes along with evicting a tenant.
