--- title: "Property Management: Tips On How to Evict a Tenant" description: Having to evict a tenant is never an easy decision. Yet, if your residents are violating their lease, here's how to properly evict your tenant. image: https://www.hometeampm.com/hubfs/Imported_Blog_Media/how%20to%20evict%20a%20tenant.jpg --- [![Group 5068](https://www.hometeampm.com/hubfs/Group%205068.svg "Group 5068")](https://www.hometeampm.com) - [About](https://www.hometeampm.com/about/about-hpm) - [Our Company It’s been over 20 years and our goal hasn’t changed](https://www.hometeampm.com/about/about-hpm) - [Our Team Meet the Home Team Property Management Team](https://www.hometeampm.com/our-team) - [Why Choose Us No matter your property management goals, we will get you there](https://www.hometeampm.com/why-choose-us) - [Careers Take a look at our open positions and feel free to submit an application if your experience is a match](https://www.hometeampm.com/about/about-hpm) - [Vendors We are continually seeking out qualified, professional vendors to fulfill goods or maintenance contracts](https://www.hometeampm.com/about/vendor-relations) - [Connect With Us Reach out to our expert team to see how we can assist you with your property management needs](https://www.hometeampm.com/contact-us) - [Testimonials Read HomeTeam Property Management client testimonials here](https://www.hometeampm.com/testimonials) - [MANAGEMENT SERVICES](https://www.hometeampm.com/management-services) - [Residential View our residential property management services](https://www.hometeampm.com/management-services/residential-management) - [Commercial View our commercial property management services](https://www.hometeampm.com/management-services/commercial-management) - [Marketing View how we market your property to prospective tenants](https://www.hometeampm.com/management-services/marketing) - [Accounting We specialize in complete financial services for our property owners](https://www.hometeampm.com/management-services/accounting) - [Maintenance Property maintenance is one of the most important aspects of maximizing your investment](https://www.hometeampm.com/management-services/maintenance) - [Leasing Our leasing department utilizes the latest in application and credit screening procedures](https://www.hometeampm.com/management-services/leasing) - [Free Rental Analysis Get a free rental valuation of your investment property](https://www.hometeampm.com/management-services) - [Get a Quote Learn how much it would cost to manage your property](https://www.hometeampm.com/management-services/getting-started) - [OWNERS](https://www.hometeampm.com/owners) - [Marketing Your Property Learn how we market your property to ensure the maximum exposure to qualified buyers](https://www.hometeampm.com/owners/marketing-your-property) - [Renting Your Property We provide you with guidance on how to ready your property to compete in the ever-changing rental market](https://www.hometeampm.com/owners/renting-your-property) - [Maintaining Your Property The best approach to maintenance is preventative maintenance, and this is HomeTeam Property Management policy](https://www.hometeampm.com/owners/maintaining-your-property) - [No - Eviction Guarantee We are so confident in our tenant selection process that we include a No-Eviction Guarantee](https://www.hometeampm.com/owners/no-eviction-guarantee) - [Free Rental Analysis Get a free rental valuation of your investment property](https://www.hometeampm.com/owners) - [Owner Portal Login Sign-in to monitor your account](https://hometeam.appfolio.com/oportal/users/log_in) - [Get a Quote Learn how much it would cost to manage your property](https://www.hometeampm.com/management-services/getting-started) - [TENANTS](https://www.hometeampm.com/tenants) - [Rental Search Find your next place to live in San Diego](https://www.hometeampm.com/properties) - [Tenant Portal Login Sign-in to monitor your account](https://hometeam.appfolio.com/connect/users/sign_in) - [Pay Your Rent Paying rent on time has never been easier](https://www.hometeampm.com/tenants/pay-your-rent) - [Future Tenants Important information for tenants wanting to lease a property from HomeTeam](https://www.hometeampm.com/tenants/future-tenants) - [Move Out We want your move-out to be a pleasant and successful one](https://www.hometeampm.com/tenants/move-out) - [Notice To Vacate Moving out? 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Some are going to be dream tenants because they pay their rent on time. Others are going to test your patience. They may struggle to pay their rent, play loud music, or do other things that violate their lease agreement. In the unfortunate event where you must evict someone from your property or unit, there is a legal process that must be followed to protect you and the tenant. If you're wondering how to evict a tenant, here are a few tips to consider before starting the process:  ## Legal Reasons to Evict a Tenant Warning: Make sure you have the right to evict your tenant. The law forbids a landlord to simply evict a tenant because they don't like them. [Tenants have rights](https://www.legalzoom.com/articles/tenants-rights-knowing-your-rights-as-a-tenant), so it's important to step carefully when proceeding. In fact, here are some reasons why you can evict someone: - **Late rent payment.** Even though it's okay to allow late rental payments to slide once in a while, you have every right to evict someone the first time they're late with their payment. - **Not following the rules outlined in their lease.** The most common rule broken is [bringing pets](https://www.hometeampm.com/benefits-leasing-to-pet-owners) into a building when they're not allowed. Another common offense is allowing a roommate to stay without informing you. - **Bothering other tenants.** Some tenants can be quite disruptive, like playing loud music or being too noisy in the common areas. - **Participating in illegal activities.** You have every right to evict someone who is doing drugs (or something worse) in your apartment. In fact, *you *could be found [liable for illegal dealings](https://www.legalmatch.com/law-library/article/landlord-liability-for-criminal-acts-of-tenants.html) of your tenants, therefore, it's vital to nip illegal activity in the bud...and you can take proper action through an eviction process.    ## How to Evict a Tenant Once you have legal reasons to evict, there's a certain protocol you must follow to proceed legally: - **Put it in writing.** It's important that you let your tenant know what they did wrong and why you're evicting them. Most of the time, you need to give them a few days to make the necessary changes if they want to stay. - **File for a court hearing.** After a waiting period, you will get a notice of your court date. Use this time wisely to get your case ready for trial. - **Show up at the appointed day and time.** Talk to the judge about the problem. Make sure you practice this with your lawyer before your day in court. - **Listen to the judge.** The judge will decide if the eviction will take place. If he or she rules in favor of your tenant, you have to let him or her stay. - **Eviction day.** If you win in court, the judge will let the tenants know how long they have until they need to move out. - **Get law enforcement involved.** There are times when a tenant won't leave and you have every right to call law enforcement to personally escort your tenants off of your property. - **Make sure you work with a lawyer.** Not only do you need a lawyer on your side in case it goes to court, but your lawyer will also [make sure your lease](https://www.hometeampm.com/rental-lease-questions-every-landlord-should-ask-themselves) is legally binding. Eviction is serious. Though you may want to throw out multiple tenants, the truth is you can't do that. They have rights so you need to make sure they're doing something that they shouldn't before you start the proceedings. Once you do, a lawyer will be able to make sure that you follow the correct protocol. ![icon](https://www.hometeampm.com/hubfs/Home_Team_2022/Group%205168%20(1).svg) #### SUBSCRIBE TO RECEIVE THE LATEST NEWS Stay in the know with the latest news form the leaders in property management ### Subscribe Here! ### Popular Posts #### The Great Pet Debate: To Allow Pets In Your... | HomeTeam Property Management | 30 January 2020 When you become a landlord, it is up to you to decide what you will... [READ FULL POST](https://www.hometeampm.com/blog/great-pet-debate-allow-pets-in-apartment) #### What Counts as a Rental Home Maintenance... | HomeTeam Property Management | 11 November 2020 Tenants are often shy about calling for repairs from their landlords... 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[READ FULL POST](https://www.hometeampm.com/blog/how-to-evict-a-tenant-expert-tips-from-a-property-management-company) #### 7 Tips to Perform Contact-Free Tenant Maintenance | HomeTeam Property Management  | 19 August 2020 As a landlord or property manager, it's your duty to take care of tenant repairs, even in the face... [READ FULL POST](https://www.hometeampm.com/blog/contact-free-tenant-maintenance) #### HANDLING TENANT AND OWNER FUNDS | HomeTeam Property Management  | 29 April 2022 Handling Tenant and Owner Funds The most important indicator of a property management company and a... 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