Problem tenants are trouble for landlords. They can cause expensive damage to property, not pay rent, and even conduct illegal activities inside of the unot. A landlord does not have the right to remove a tenant from a rental unit without an eviction order. The process is not complicated to get this order, but a landlord does need to follow the procedure to get it granted.
Instructions
1. Determine if you can legally evict the tenant. Each state has guidelines on specific eviction reasons, and eviction due to discrimination is prohibited. The basic eviction reasons that are valid in every state are non-payment of rent, destruction of property, being a nuisance, and not following a lease agreement.
2. Deliver a written notice to the tenant. This written notice is a warning letter informing the tenant that they have a certain number of days to leave the property, or you will be filing for an eviction order (specific lengths vary per state, but average about 5 days). This notice must also include the specific eviction reason, as well as the action a tenant can take to reinstate the tenancy, such as paying back rent.
3. File a Complaint of Eviction. The forms for this complaint will be found with the courthouse clerk. You can fill these out, or you can have a lawyer handle the eviction. You will need copies of the lease agreement, written notice, and documentation about the reason for eviction. A filing fee and service fee are charged.
4. Wait to see if the tenant responds to the summons. Each state has a period of time that gives the tenant a chance to respond to the eviction filing. A hearing is set if the tenant responds. If not the landlord can file for a default judgment.
5. File for a Writ of Possession if the tenant does not leave the property after the eviction is granted by the court. A Writ of Possession grants you the legal right to your property, and a sheriff will come out to the property to assist in getting the tenant out of the property.
