Eviction is the legal proceeding used by a landlord to remove a tenant from a rental unit. A tenant may be evicted for a variety of reasons, including non-payment of rent, breach of the lease agreement or threats to other tenants. You may be able to evict your tenants for being excessively noisy, but the exact method and requirements vary by state law.
Instructions
1. Review the rental agreement if you had the tenants sign a lease. Look for a clause that makes noises or disturbances a lease violation.
2. Write a notice to correct lease violations. The notice typically must include the nature of the violation and how long the tenant has to address the matter. Deliver the notice by certified mail, return receipt requested, and keep the receipt with your records. Wait the amount of time required under your state's laws before starting a formal eviction proceeding. Do not attempt to evict the tenant if the noise ceases before you are allowed to move forward with legal proceedings.
3. Talk to your other tenants in the same building or house, if applicable. Ask the tenants to give you a signed and written statement detailing the noise problem with the tenants you want to evict. Your state's laws may allow statements from other tenants as evidence during eviction proceedings.
4. Visit the clerk's office of the court with jurisdiction over evictions in the area your rental property is located in. Visit the official website of your county's court system to locate the proper court if you are unsure. Ask for the forms and instructions for eviction proceedings. Fill out the forms in full and detail the noise problem if required. File the eviction summons or petition in court.
5. Comply with all court requirements. You must serve the notice of eviction proceedings on the tenants by the method specified by the court -- like by certified mail or personal service -- and within the designated time-frame. Some states require you post the eviction notice on the front door or window of the rental unit where the tenants live.
6. Attend the eviction hearing. Bring copies of the lease and any supporting documents you have, like the witness statements.
7. Review your state's laws if your tenants did not sign a lease. You may be able to send the tenants a notice to vacate within the number of days permitted under your state's laws. Send any notice to vacate by certified mail, return receipt requested.
