We Know: How to Evict a Tenant

What are the reasons a Landlord may evict a tenant?

A property owner can evict a tenant for non-payment of rent, failure to fix a violation, serious violations of the rental agreement.

How does a property owner begin the eviction process?

The first thing a property owner must do is to give an eviction notice to the tenant using the proper notice form.

When does a property owner give a Nonpayment of Rent Notice?

This notice is issued when the tenant fails to pay the rent. This notice gives a specified amount of time in which a tenant must pay the past due rent plus late fees. If the tenant pays this amount in time, the tenant cannot be evicted.

When does a property owner give a Fixing a Violation Notice?

Violations include the parking of junk cars, forbidden pets, and too many people in the dwelling. Some states allow a notice to fix a violation to serve as an eviction notice and the tenant must comply with the notice within a specified amount of time or the tenant can be evicted..

What is an Unconditional Notice to Vacate?

An unconditional notice is allowed by some states and can be issued when tenant has failed to abide by the rental agreement. Such violations would include drugs, repeated late payments, or fighting.

What is a 30-day or 60-day notice?

A 30-day or 60-day notice gives property owners the right to evict a tenant without a concrete reason. Different states specify varying amounts of time for such notice, usually between 30 and 60 days. The lease must be expired for this notice to be valid.

What is the process a property owner must follow for eviction?

  1. If the tenant does not answer the eviction notice by paying the amount owed, or fixing the violation (if this is an option), then the tenant must file an answer, on the correct legal form required by the court. The tenant may give reasons for not paying rent or fixing violations.
  2. It the tenant does not file the answer; the court will enter a default judgment for eviction allowing the property owner to proceed with the eviction. If the tenant files an answer with a justifiable defense and proof, the property owner may be ordered to cease eviction and comply with the tenant's complaints.
  3. If the property owner is allowed to evict, he or she must then have the sheriff post an eviction notice on the tenant's door with a move out date. If the tenant has not vacated by the move out date, the sheriff will forcibly remove the tenant and belongings from the premises.

How long does an eviction process take and is it expensive?

An eviction can take as little as 20 days or as long as several months. With the cost of filing papers, possible additional rent loss, and sheriff fees, an eviction may cost anywhere from $500 to $1000.00. The owner may be able to recoup some of these costs from your tenant.

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