By 
Evicting a friend or family member is not easy. It has to be one of the most difficult trials, if not the most emotionally draining, of all types of evictions. You may be one of the lucky ones that you can rent to a friend or family member with no side effects. Still, one day, there may come a time when you have to look your friend or family member in the eye and ask them to leave your apartment.
In the eviction of a relative stranger, even a long-term tenant, the process is not personal, just business. The tenant cannot pay the rent, so he has to leave. It is the end of an association with more or less minimal emotional ties between the tenant and the landlord.
Evicting a friend or family member is one where you can choose a side and draw lines in the sand. Once the eviction notice has been served, don’t expect too many friends or allies to come to your aid. Depending on the circumstances of the eviction, you can expect that anyone affected by your decision will make your life miserable.
This is because the expectations of a friend or relative are much higher than those of a stranger. If there is a rental problem, the expectation is that you will treat the tenant more like a friend or relative than a financial investment problem. You will be asked to accept less than you normally would for rent arrears, to wait longer for your rent, and to accept behaviors that you would not normally tolerate.
For example, let’s say you need to increase your rent. A rent increase could be perceived as a betrayal of your friendship. Your aunt might think you’re taking advantage of her. It doesn’t make sense, but when it comes to money, all bets are off. When it comes to a friend or family member, you are in their pocket. The belief that you are drenching your tenant for more money than you ‘really don’t need’ could cause your family member not to pay the increase.
Be clear and resolute about why the eviction should take place. Have all of your written documentation in place. Check all your documentation, rental cards, warning letters, etc. before submitting your notice to quit smoking. Make sure you have a leg to stand on before starting the eviction case. Conduct due diligence on your property and legal case.
Grudges will sometimes come with rental and eviction territory. Don’t expect to be able to calmly discuss the case with the offended tenant. Don’t expect a cool head to prevail over your eviction action. If you evict your nephew, expect your sister or brother to be totally mad at you. Your friend may think you are an idiot for evicting her because she parties loudly every weekend, which annoys your other tenants. Your aunt may not come to your aid if your niece does not pay the rent.
When the blood expels blood, much more blood can be spilled before the battle is over. Few people want to be in the middle of a turf war. You may find yourself isolated and alone during the evacuation process until the dust has settled. This is the reason why most landlords refuse to rent to a friend or family member. It is preferred to have a single relationship, than to confuse the personal relationship by adding a legal one.
How can you ease the pain of evicting a friend, relative, or even a relative of a friend? It could depend on how the person moved. Were you doing your friend a “favor” by renting his apartment? Did your cousin have to fill out a rental application like everyone else? Did you check all references, employment information, credit check, previous owner information, etc.? Does the tenant have a lease?
Why is this important? Having everyone go through an application process regardless of status with you sets the ground rules from day one. Without it, the tenant might feel like they took him as a friend and then treated him differently when the going got tough. It helps draw the lines between friendship and tenure.
So what is the best way to evict a friend or family member? Here are some tips:
· First, don’t take shortcuts during the legal process. In fact, do everything strictly according to the book. An injured friend or family member who knows your personal affairs becomes a worthy adversary in a legal case. He or she will use whatever information is available to fight it tooth and nail.
The jury is still out on whether to personally serve the initial notice of termination of the lease or hire a bailiff. Your friend or sister will feel the pain of you taking an equally shocking legal action no matter how the news is spread.
· Act in the same professional manner when dealing with a loved one as you would with a stranger. Try to keep your emotions out of the situation. Avoid discussing the case in depth with your now adversary tenant. The less said, the less information can be used against you in court.
· Put any late rent payment plans in writing. Continue with the eviction case and present the payment plan to the judge. Have the judge enter the payment plan into the court’s decision. So if the plan is broken, it is broken with the court, not with you. Your friend or cousin is less likely to violate a court agreement.
· Some landlords hire an attorney to prosecute their eviction cases specifically against a friend or relative. When your best friend or nephew calls you about the eviction notice, forward all comments and questions to the attorney. Resist the urge to explain why you started the action. With a lawyer, they take you out of the middle position. Let the attorney earn the fees by listening to the anger, frustration, and feelings of betrayal from the friend or family member.
If you need to take legal action against a friend or family member who is your tenant, please do so. Don’t be intimidated by his personal association with you. Your real estate is a business investment. If you remember during the process, you can separate the two relationships, that of friend or family member who is also your tenant.