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Keys and tips to evict a delinquent tenant in 2020

Today we are going to tell you the keys and tips to deal with and kick a defaulting tenant out of a property.


The non - payment of rent is not a laughing matter, especially when reality and the data shows that we are in a moment of bullish delinquency levels.

Therefore, today we will focus on the key aspects of default and how to deal with it, even if in the worst case we have to throw it out, we will also tell you how you have to act.

 If you are an owner and you have rent tenants who pay religiously every month you are in luck, if on the contrary, you want to avoid this situation, read on.


Find the perfect tenant


Let's be clear, finding the perfect tenant or tenants is not an easy task. But of course, they exist and can be achieved. This is the first of the tips to avoid an encounter with a delinquent tenant, which is not to have it.


Ok, it is clear that it is evident, but nowadays it is not so easy to find tenants that are not perfect, but normal, and more so considering that the default figures have grown in recent years.


If you don't know how to find the perfect tenant, in this article we tell you how you can find it. Of course, we already anticipate that one of the keys to finding this treasure is not so much knowing how to do it, but looking for it in the right place.


Speaking people understand, or not


One of the ways that landlords have to ensure the non-payment of a tenant is the deposit. If one or two months have passed without paying the monthly fee, we can use this money in an emergency.


However, once a few months have passed and in the event of non-payment during this time, a defaulter can be declared "officially", at least on our part.


What do you need to know to kick out a delinquent tenant?


If by chance the tenant tells us that he is going through an unusual situation such as that he has lost his job, that he has had a bad economic situation, we have two options.


The first is to wait a month to see if the situation clears up and evolves positively, or the second option is to take legal action if we do not see progress in one or two months.


That is, we can wait to see what happens or we can take the situation by the horns. It depends on you. Of course, do not wait too long, since an eviction process can take between 6 months and a year.


Some tenants go through the notices, notifications and that although we talk to them and they say yes, yes, yes, what they mean is no, no, and no payment.


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Given this, the only thing we can do is resolve the situation by filing an eviction claim. That is, take the legal route to solve it.

Demand for eviction, deadlines, and delivery


Although there may be cases, the least, of non-payment once we carry out the procedure to the lawyer there is no going back.

With this, we do not mean that everything will be solved now, far from it, but we must be prepared to go to court in case the tenant objects or in the best cases, that not all, do not oppose in which case will be directly evicted from your property.

Several parties are involved in this process, on the one hand, the lawyer/attorney on your part and the other hand, the court. Sometimes a third party can be included who is the tenant's defense, that is, their lawyer/solicitor.

This is the worst-case scenario, that is, the tenant opposes the eviction claim process for which we must be prepared.


To do this, we must take into account several things:


        Second, go to a good lawyer. Although the important part, in this case, is the court, having a good specialist lawyer will know what legal steps to take so that the process does not take too long, and to expedite the procedural writings. That is, it saves time and money.

       If the court admits the eviction claim, you are notified and the court has 10 days to pay or present evidence that what the owner, that is, we are saying. In this case, the procedure will be processed and the court will decide which party is lying.

       The latter is key. We must show that the payments were not made. Find and collect bank invoices, receipts, and everything you can show that the monthly installment payments have not occurred.

       If the court issues a ruling favorable to the owner, it will establish a date on which the delinquent tenant must either make the payment or leave the home.

       And this is another issue, depending on the duration of the contract, we can have a delinquent tenant who has paid but who has not abandoned the house since he has made the payment of the debt and does not have to leave the apartment or house.

       Final tip: be prepared for all these scenarios.

Cover your back

Take out rental insurance. So clear and simple. This is the best advice we can tell you to avoid a situation of having to evict a delinquent tenant. 

The advantages of having a service of this type are the following:


       Saving time and money.

       Minimize the legal consequences of having a defaulter.

       Sleep better and calmer.

       Avoid an awkward situation.

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