Common Eviction Mistakes & How to Avoid Them
Evicting a tenant is one of the most difficult situations a landlord can face. Evictions can happen for many reasons, including nonpayment of rent, lease violations, or the need to reclaim the property. Regardless of the reason, the process can quickly become complicated—and costly—if not handled correctly.
Many landlords don’t realize that strict legal rules control the eviction process. These rules vary by state and city. One wrong step—like serving the wrong notice or skipping key documents—can delay the process. In some cases, the court may even dismiss your case. Worse, taking improper actions—such as shutting off utilities or forcing a tenant out—can lead to serious legal trouble. Landlords may face fines, lawsuits, or other liability.
In this blog, we’ll walk through some of the most common eviction mistakes landlords make. We’ll also provide practical solutions to help you avoid them. Whether you’re new to landlording or reviewing best practices, these tips will help you handle evictions legally and with confidence.
Mistake #1: Failing to Understand State & Local Eviction Laws
Mistake: Many landlords begin the eviction process without fully understanding the laws that apply in their state or municipality. They often assume a one-size-fits-all approach will work. But each jurisdiction has its own rules about notice periods, court procedures, and tenant rights.
Why It’s a Problem: Evictions are legal proceedings, and even small missteps—like serving the wrong notice or skipping a required waiting period—can lead a judge to dismiss your case. In some cases, landlords who violate local rules may face fines or must restart the process themselves. This wastes time and money, and it can also damage your relationship with tenants.
Solution:
- Research your local laws: Always begin by reviewing your state and city’s landlord-tenant statutes. Many government websites offer official resources outlining eviction timelines, required forms, and allowable grounds for eviction.
- Use attorney-reviewed templates: Eviction notice requirements vary widely by location, so be sure to use a notice that’s been reviewed for compliance with local laws. This helps ensure your documentation will hold up in court if challenged. FormPros can help in that regard.
- Stay updated on moratoriums and emergency orders: Temporary laws—such as eviction bans enacted during the COVID-19 pandemic—can impact whether or not you’re legally allowed to remove a tenant. Regularly check for local policy updates, especially during times of economic or public health uncertainty.
Mistake #2: Not Providing Proper Written Notice
Mistake: A common misstep among landlords is giving tenants a verbal warning or using an incorrect eviction notice. Some may skip the notice entirely, while others may issue a notice with the wrong timeline, missing language, or improper delivery method.
Why It’s a Problem: Courts require landlords to provide tenants with written notice before filing for eviction. If you fail to draft or serve the notice correctly, the court may delay—or even dismiss—your eviction case. Additionally, without a legally sufficient notice, tenants may claim you denied them a fair chance to fix the issue or move out in time.
Solution:
- Use the correct notice for your situation: Common notices include a Pay or Quit Notice (for unpaid rent), Cure or Quit Notice (for lease violations), or an Unconditional Quit Notice (for serious breaches). Each has specific timelines and legal requirements depending on your state.
- Deliver it legally and document it: Most jurisdictions require that notices be delivered in person, by certified mail, or posted in a conspicuous location. Always keep a copy of the notice and proof of delivery.
- Avoid shortcuts or verbal agreements: Even if you have a good relationship with your tenant, always formalize the process. A written, legally valid notice protects both parties and provides the paper trail you’ll need in court.
Mistake #3: Retaliating or Discriminating Against Tenants
Mistake: Some landlords attempt to evict tenants after they’ve filed complaints about the property, requested repairs, or exercised legal rights. Others may unknowingly engage in discriminatory practices, such as targeting tenants based on race, disability, family status, or other protected characteristics.
Why It’s a Problem: Evicting a tenant as a form of retaliation is illegal in every state. Similarly, any action perceived as discriminatory violates the Fair Housing Act and can result in severe legal consequences—including fines, lawsuits, and reputational damage. Courts are quick to scrutinize eviction motives if a tenant claims retaliation or bias.
Solution:
- Evict only for legitimate, documented reasons: Grounds such as nonpayment of rent, repeated violations of the residential lease agreement, or illegal activity are generally enforceable—as long as they are well-documented and not tied to protected activities or traits.
- Maintain a clear paper trail: Keep written records of lease infractions, repair requests, communications, and any prior warnings. This documentation is crucial if your actions are challenged in court.
- Educate yourself on Fair Housing laws: Federal law protects tenants from discrimination based on race, religion, sex, disability, national origin, and family status. Many states and cities add more protected categories, such as sexual orientation or source of income.
Mistake #4: Attempting “Self-Help” Evictions
Mistake: Out of frustration or urgency, some landlords take matters into their own hands by changing the locks, shutting off utilities, removing tenant belongings, or otherwise trying to force tenants out without a court order. These actions are known as “self-help” evictions—and they are illegal in most jurisdictions.
Why It’s a Problem: Self-help evictions violate tenant rights and can expose landlords to serious legal consequences, including lawsuits for illegal eviction, harassment, or property damage. Even if the tenant is clearly in the wrong, bypassing the court process undermines your legal standing and can make a bad situation worse.
Solution:
- Always follow the legal eviction process: File a formal eviction case through your local court and wait for a judgment before attempting to remove a tenant. Only law enforcement is authorized to enforce an eviction order.
- Avoid direct interference with the property: Never disconnect essential services like water, electricity, or gas to pressure a tenant into leaving. This is not only unethical—it’s illegal.
- Be patient and document everything: The process can feel slow, but taking the legal route protects you from liability and strengthens your position if the tenant challenges the eviction.
Conclusion
Evictions are never easy—but they don’t have to become a legal nightmare. By understanding local laws, providing proper notice, avoiding retaliatory or discriminatory behavior, and steering clear of illegal “self-help” tactics, landlords can handle evictions professionally and legally. A misstep at any stage of the process can cost time, money, and peace of mind.
The key is preparation. Knowing your responsibilities and using the right legal tools can make all the difference when managing difficult tenant situations.
Need legally compliant eviction notices? At FormPros, we make it simple for landlords to generate attorney-reviewed eviction notice forms that meet state-specific legal requirements. Stay compliant, stay protected, and handle evictions with confidence.
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