Almost all landlords will eventually have to evict one of their tenants. Evicting means using legal methods to force a tenant to leave the landlord’s property if the tenant does not do so voluntarily.
There are many reasons a landlord may have to evict, including the tenant not paying rent or honoring their lease. Sometimes a landlord and tenant just can’t agree on various things, like repairs or late fees, and the landlord wants the tenant to leave, but the tenant won’t, so the landlord is forced to start the eviction procedure. .
When a landlord finds himself in this type of situation and wishes to file an eviction lawsuit to force the tenant out, it is imperative to follow all applicable laws exactly and to complete legal forms and other documents correctly and accurately. If this is not done correctly, your eviction request may be denied and you will have to start over, but if you do everything correctly and prove your case, the tenant will be legally forced to leave and you will have the full support of the local sheriff to take him out if he still refuses to go.
To try to avoid the cost and aggravation of having to evict a tenant, write down all the situations or circumstances that would cause you to ask a tenant to leave and include them in your lease so you have a solid foundation based on noncompliance. . contract in case you have to file an eviction lawsuit. By signing the lease with these provisions included, the tenant agrees to all of these terms when he signs the lease.
Each landlord will have different rules. Some may allow pets and some may not. Some may be strict about the number of occupants and others won’t mind. The standard items are damaging the property or the tenants doing any type of criminal activity in the rental property, such as using or selling drugs. Unless it involves discrimination or other legally prohibited actions, each landlord has the right to establish “dos and don’ts” for tenants who rent their property.
When you’ve come to the conclusion that you have no choice but to evict a tenant, gather all the documentation you’ll need to provide evidence that the tenant has breached their lease. The lease is the most important document. You will also need any other written documents you have given the tenant, including letters you have written warning him that his actions are unacceptable or notes he has made detailing oral warnings.
If nonpayment of rent is a problem, make copies of relevant canceled checks. If a tenant has been involved in illegal activities or activities that create problems with neighbors, make sure you have proper copies of police reports or notes or letters from neighbors, etc.
You will then need to prepare an eviction notice that states the reasons you are proceeding with the eviction and give the tenant a deadline to vacate the rented premises and serve it on the tenant.
One type of eviction notice is a Notice to Quit. This is the simplest type of eviction notice and is applied when the tenant breaks the lease in some way that has been stated in the lease, such as non-payment of rent or extra occupants moving out.
If a tenant falls behind in paying rent, a Notice to Pay Rent applies. If the tenant has damaged the property or been too loud and unacceptable by some other action, a Notice to Quit Due to Nuisance applies.
You will have to go to your county court to arrange for the eviction notice to be served (in legal terms, served) on the tenant. When you go to court, you will need to have multiple copies of your eviction notice and be prepared to pay a small filing fee. You will also need to have copies of all of your supporting documentation.
The county clerk can file them and give you two sets of official documents: one for you and one for the tenant. In most states, the clerk will serve you a document called a Summons to serve the tenant. A court date can also be set at that time to give the tenant his right to argue against the eviction if he feels he has been wronged.
The next step is to serve the tenant with the official papers provided by the court clerk. Note that the documents must be personally served on the tenant by placing them directly in his hands. If you prefer not to do it yourself, you can pay the county sheriff’s office or a private process server to deliver it to the tenant. In some circumstances, it can also be served by certified mail, but for service to be accepted by the court using this method, the tenant must sign for delivery, showing that they received it.
A certification of delivery of the official documents to the tenant will be located on the summons, on the back of the summons or as a separate document. Make sure it is filled out correctly and that the person who served the tenant, either you, the sheriff’s deputy, or the private server, has signed it, then bring it to the county clerk for filing.
If the tenant does not respect the documents and leaves voluntarily, he will have to go to court. Prepare well! He must prove his allegations in court with tangible evidence. When you are in court, present his papers as calmly and logically as possible.
If you win in court, a Writ of Possession will be issued continuing the eviction process. A date will be set for the tenant to vacate the leased premises, and you must arrange for a sheriff’s deputy to be present on that date in case the tenant still refuses to leave or is in difficulty. If necessary, the bailiff will forcibly remove the tenant and see that the tenant’s belongings are stored.
Keep in mind that each state has different rules about the number of days a tenant has before they must vacate the premises. Be sure to check this deadline before preparing and serving an eviction notice. If you provide incorrect paperwork, it can delay the eviction process and you may have to start the entire process over.