How To Evict A Tenant And The Eviction Process

When a landlord removes a tenant from their rental property, it is a legal process called eviction. If a tenant is habitually making the rent overdue or does not pay the rent, then the tenant will face eviction. However, depending on the terms of your landlord-tenant agreement, a tenant may be eliminated for other causes. Before a landlord begins the proper legal eviction process, he is required to give the appropriate notice to the tenant to clear out of the rental property in most states.

If a tenant wants to avoid the court eviction process, then the tenant will have to move away from the rental property after receiving a legal eviction notice. A landlord can submit the proper papers to the local court for eviction if a tenant does not vacate the rental property even after receiving the initial declaration from the landlord.

Learn Your State’s Landlord-Tenant Laws

As a landlord, you must know your state’s laws because it will point out what you can do legally after the tenant is evicted. Such laws differ from state to state. However, the landlord-tenant rules can help you figure out how to move the eviction process forward. Therefore, you should not try to remove a tenant yourself without involving your court because do-it-yourself is not a valid process.

Occasionally eviction laws differ by local municipality and state. If a landlord owns properties in Texas, Indiana, Colorado, Georgia, Kentucky, Mississippi, Arizona, or Florida, they can quickly evict tenants. These states are landlord-friendly states and that’s why the eviction proceedings can be done very quickly in the court.

Understand Your Lease Before Tenant Eviction

Understanding a lease agreement is very important for landlords because the lease agreement enables them to find a legal and legitimate reason for evicting their tenants. You must also look at the personality of your tenants because it can be a crucial element of the eviction process. Based on what you know about them, you can very smoothly proceed to the eviction process. A landlord must show a professional and diplomatic attitude in the tenant eviction process.

There are some tenants who will leave rather than deal with the eviction process. On the other hand, some tenants will be difficult to evict. Landlords often have to fight to win. However, there are some tenants may leave before the judgment is made.

Send Eviction Notice to the Tenant

If a landlord is familiar with his state laws, then he will be able to send the eviction notice to his tenant when the tenant violates the lease agreement or the promise he made during the contract. An eviction notice is a landlord’s written request to his tenant to vacate the home they rent. Also, tenants need to be mailed directly via certified mail in most states if the notice is not delivered directly into the hands of the renter.

An eviction notice does not mean that it is a legal document from a court or sheriff or that a tenant automatically will be evicted, although some people view it as that kind of a document. Most of the eviction notice gives the tenant an opportunity to cease conduct that violates their lease agreement or pay their dues within the stipulated time. If they fail to comply, tenants will have to face a formal eviction lawsuit case in the court.

Furthermore, a landlord will still be able to bring a formal eviction lawsuit to the court if the notice of eviction expires. One step in the eviction process is an eviction notice, and the court only orders the expulsion of tenants who refuse to move out of the rental property even after receiving sufficient notice.

Begin Eviction Proceedings in Court

The only way a landlord can evict a tenant from his or her rental property is by going to court. But if a landlord tries to remove a tenant physically or in other ways, it will be considered as an illegal process. Such acts include changing the locks, destroying the property of the unpaid tenant, shutting down the utilities, etc.

These are not a proper method of eviction, you will need to file an eviction lawsuit in your local court, which is known as an unlawful detainer case, or hire a real estate attorney to handle the entire eviction case. To file a lawsuit, a landlord must call the county clerk’s office or check the state’s landlord-tenant law website to find out what paperwork is needed, how to evict the tenant legally, and where to file the eviction lawsuit.

Posted in Law

Leave a Reply

Your email address will not be published. Required fields are marked *