How Much Does It Cost to Evict a Tenant? The Ultimate Guide

Evicting a tenant is never a landlord's first choice, but sometimes it becomes an inevitable part of property management. With over 970,000 eviction cases filed in 2022 in the US, many property owners have to navigate this tricky decision.

While the legal and administrative aspects are well-known, the financial implications can catch many by surprise. Did you know that the average cost of evicting a tenant in the United States can range from $500 to $10,000, depending on various factors such as location, legal fees, and lost rent?

This article outlines the intricacies of eviction costs. We'll explore each expense, revealing the often-hidden charges that can accumulate during the eviction process. From legal and court fees to the less obvious costs like property turnover, this comprehensive guide is designed to give you a clear picture of what to expect when the unfortunate task of eviction arises.

Whether you're a seasoned property owner or new to the realm of property management, this knowledge will prepare you for any potential evictions and equip you with strategies to mitigate the associated expenses. Plus, we'll share insights on how proactive property management can significantly reduce the likelihood of evictions, saving you both time and money in the long run.

The breakdown of eviction costs

Understanding the various expenses involved in the eviction process can empower you to make informed decisions. While it's impossible to give specific costs for each aspect, the following sections detail approximate expected costs associated with evicting a tenant.

Legal fees and court filing fees

The eviction process may necessitate obtaining legal counsel to simplify the eviction process and ensure the proper proceedings are followed. Attorney fees can vary, with some attorneys offering a flat fee for uncontested eviction cases, while others charge more for complex situations where the tenant is contesting or has filed for bankruptcy. Expect to pay for consultation, representation, and any legal filings necessary.

The amount you pay can vary from $500 to $2,000, depending on the lawyer's experience, the location of the eviction, and the complexity of the case. The expertise of a lawyer is invaluable and costs can reflect that value.

Court expenses also contribute to the overall cost of eviction, including filing a suit and potentially appealing decisions if applicable. You'll need to pay court fees to file eviction notice claims to a court.

Some examples of court costs per region include:

• In New York, Binghamton City Court, court costs for evictions are $45. This amount can go up if a more complex case is heard.
• In Bexar County, Texas, an eviction petition service fee is $110, and a filing fee is $54.
• In Wise County, also in Texas, the service fee is $150 per person.

Property owners should make themselves familiar with their local court fees for filing eviction cases, as these can vary widely.

Enforcement costs: Sheriff and locksmith fees

Once the court grants an eviction, enforcing it may require a sheriff to oversee the process, which comes at a cost. In the Santa Clara County Sheriff's Office in California, the fee for a sheriff to enforce an eviction is $145, whereas the Philadelphia Sheriff's Office typically charges $175.

If the tenant fails to return the keys, a locksmith might be needed to secure the rental property, further increasing costs. An average of $75 to gain entry and $20 for every rekey is typical, but bear in mind that this doesn't include travel expenses.

The financial impact of lost rent

During the eviction process, you will likely incur lost rent, which can become significant if the process is protracted. Evictions can take a few weeks, or even months, so although the tenant's security deposit might offset some losses, it may not cover the total cost to evict someone or the amount of overdue rent.

Property turnover and damage repairs

After eviction, preparing the property for the next tenant involves cleaning fees, repairing any damage, and possibly updating the interior and exterior of the home. Costs for property turnover can escalate, depending on the condition in which the tenant leaves the property.

It may be possible to charge the evicted tenant for damage to the property, but expert legal advice should be taken in these circumstances.

Miscellaneous costs

The total cost of eviction encompasses more than just the immediate legal fees. Other potential outlays, such as storage for the tenant's possessions, utility payments during the vacancy, and tenant screening for future renters can see costs soar.

Property managers should anticipate all of these factors to minimize the financial impact of eviction.

Strategies to minimize eviction costs

Rental property owners should make every effort to reduce the possibility of needing to evict their tenants. Taking preventive measures early on can significantly decrease legal costs and potential eviction costs.

• Prompt communication: If a tenant begins to fall behind on payments, reach out to them immediately. Open lines of communication can often times lead to a resolution without the need for eviction proceedings.
• Offer payment plans: Be willing to work out a payment plan. Sometimes, tenants just need a little extra time to pay rent, and flexible payment options can prevent evictions, saving on legal costs while keeping the rental agreement intact. Document any new agreements thoroughly.
• Government assistance programs: These programs may help tenants cover their missed rent payments. By directing a tenant to these resources, you could receive overdue rent while alleviating the financial burden on both parties. Such programs are designed to offer temporary relief in times of financial strain.
• Legal knowledge: Understand your rights when dealing with an eviction case. Knowing when you can terminate a lease early or the differences between leasing and renting can inform your actions and minimize unnecessary expenses.
• Mediation services: Utilize local mediation services as a way to resolve disputes. These services provide an opportunity for you and your tenant to discuss issues with a neutral third party, aiming for a mutually beneficial resolution. This can be an effective way to address concerns regarding a lease or rental agreement without going to court. However, both parties need to willingly participate in the process. This alternative can be much more cost-effective than formal court proceedings.
• Cash for keys: In some cases, especially with squatters, offering an incentive to leave voluntarily, known as cash for keys, can be more economical than the eviction process.

By implementing these strategies, you aim to reduce the frequency and financial burden of tenant eviction. Always adhere to state laws and regulations to avoid additional complications that could escalate costs.

Preventative measures and best practices

As the saying goes, prevention is better than cure, so rental property owners should take early steps to avoid potential evictions altogether.

• Thorough tenant screening: Before you lease your property, conduct a comprehensive review of the applicant's background. Verify their employment, income levels, credit history, and rental references. Properly screen tenants to ensure they are unlikely to have rent payment problems or disrespect the property.
• Draft a solid lease agreement: Ensure the lease agreement covers rent collection policies, maintenance expectations, and discusses which breaches may lead to eviction. Familiarize yourself with the nuances of these agreements to protect your interests and clarify tenant responsibilities.
• Regular property maintenance: Keep the property in good condition to prevent tenant complaints and maintain its value. A well-maintained property encourages tenants to respect the space and stay longer. Responsiveness to repair requests maintains tenant satisfaction, preventing eviction scenarios.
• Clear rent collection process: Implement and communicate a transparent rent collection process. Consider flexible options for tenants facing temporary financial difficulties.
• New landlord introduction: For rental property owners inheriting existing tenants, introduce yourself professionally. A clear and respectful new landlord introduction letter helps set a professional tone and plants the seed for a positive landlord-tenant relationship. Similarly, welcoming new tenants with information and resources, such as a welcome letter, fosters good relationships that can prevent issues leading to costly evictions.
• Lease renewals and extensions: Understand the benefits of lease renewals and extensions, especially for holdover tenants. Retaining reliable tenants is often more beneficial than finding new ones whilst avoiding the costs and uncertainties associated with tenant turnover.

By following these practices, you strengthen your position as a property owner, minimize eviction occurrences, and promote a stable relationship with your tenants.

The total cost of eviction: A realistic overview

In the realm of property management, the decision to evict a tenant is often fraught with both financial and emotional complexities. As we've explored, the costs associated with eviction are not just variable but can be considerably high, depending on a multitude of factors. From legal fees to repair costs, each eviction scenario presents its unique financial challenges.

The range of potential expenses, spanning from a few hundred to several thousand dollars, highlights the need for rental property owners to approach eviction with a well-informed strategy. The overarching message is about more than just the cost — it's also about the importance of proactive management.

Azibo helps property owners implement effective tenant screening processes, maintain open lines of communication, and consider alternative dispute resolutions, significantly mitigating the risks and costs associated with eviction.

So, "How much does eviction cost?" Well, there is no one-size-fits-all answer, and as this article has demonstrated, rental property ownership involves understanding and preparing for all the potential expenses of eviction.

For most rental property owners, the key lies in balancing the financial aspects with the human element of property management, aiming to create a harmonious and profitable rental experience. By doing so, landlords can navigate the complexities of eviction with financial acumen and a sense of responsibility and fairness.

Eviction costs FAQs

How long does it take to evict a tenant in the USA?

The time it takes to evict a tenant in the USA varies by state and can range from a few weeks to several months. You must initially serve notices to your tenants, such as a notice to vacate or a notice of lease violation.

After this, the process involves multiple steps, including waiting for the tenant’s response deadline, holding a court hearing, issuing an eviction order, and, if necessary, forcibly removing the tenant.

The timeline can be extended due to factors like failure to properly serve documents, requesting a jury trial, the tenant's appearance at the hearing, or filing an appeal​​​.

Can a landlord evict tenants without a lease?

Yes, a landlord can evict a tenant without a lease. In such cases, either party may provide notice to end the agreement, generally requiring a 30-day written notice. In California, a landlord can evict a tenant without a lease, but they must follow legal eviction procedures and go through the courts.

How much does it cost to evict someone in CA?

The cost of an eviction in California, like in other states, can vary depending on the claim amount. Typical expenses include legal fees, court costs, lost rent, costs for property turnover, and repairing damage caused by the tenant.

On average, eviction-related expenses in California can range between $209.10 and $365.92 for an eviction service, but bear in mind that this number can increase considerably based on the specifics of each case, such as the complexity of the legal proceedings, the length of time the unit remains unoccupied, and the extent of property damage, if any​​.

What are the new California eviction laws in 2023?

• Prohibition against eviction without proper cause: Under the Tenant Protection Act 2023, landlords in California are prohibited from evicting renters without proper cause. This means rental property owners cannot evict tenants without a valid reason. Acceptable reasons include unpaid rent, lease violations, nuisance, illegal activities, and refusing landlord access for repairs.
• Structured eviction process: Evictions must follow a specific procedure, including filing an unlawful detainer complaint, paying filing fees, serving court papers, and obtaining a court judgment if the tenant doesn’t respond.
• SB 567 Regulations (effective April 2024): New regulations under SB 567 modify the requirements for "no-fault" tenancy terminations, particularly for substantial remodels and owner move-in provisions.
• Enforcement of habitability standards: Landlords are required to maintain rental properties in safe and habitable conditions and address tenant requests for repairs promptly.

Learn more about the new laws at the California Legislative Information website, which provides up-to-date legal texts.