Eviction is a tricky process, and can be quite frustrating, expensive, and time-consuming for landlords. While each state has different eviction forms and laws, there are several common threads among all states, and the process is approximately consistent between states. Here’s how a usual state’s eviction process functions:
Step 1: The landlord delivers the tenant with an eviction notice after the late payment grace period has finished, the landlord may serve the occupant with an eviction notice, informing them that they have a definite term within which they must bring the rent current, or the landlord will file for eviction in rent court. This period ranges anywhere from 3-14 days typically, depending on the state, and you’ll need to send a peculiar eviction notice for your state, so be sure you use a state-specific form.
If you want to evict your tenant for something other than non-payment of rent, there is often a different eviction notice you should send them, and you must list the lease agreement violations. Often, the tenant will have an opportunity to fix the lease agreement violations, within a specified term (also 3-14 days, typically).
Step 2: File for eviction in rent court if the renter fails to fix their lease agreement breach within the allowed period, you can file for eviction in rent court. Every state (and sometimes each municipality) has a various form you must file, so check you use the right eviction form. Several states require you to send a copy of the form to the renters, so be sure to follow your state’s laws on this point.
Step 3: Your local rent court sets a hearing date this being a democracy, the occupants must have a chance to refute your claim that they’ve failed to pay rent, or breached the lease agreement in some other manner. So, the court will set a hearing date, at which time you have to come and address the judge if the tenant appears to contest the eviction. In most cases, the judge will rule in favor of the landlord, in a typical failure-to-pay-rent situation.
Step 4: The sheriff’s department establishes an eviction date from rent court, your case will be referred to the Sheriff’s Department, where the sheriff will determine a date for the eviction. They will generally either mail or post a copy of the Notice to Vacate on the property, and the renter must be out by that date. If the tenant is not out, or has left some of their belongings at the property, then on the eviction date the sheriffs will go in, and allow you or your agents to change the locks and remove the tenants’ belongings.
The rest, of course, is clean-out, maintenance, repairs, and showing the property to new lease applicants, which is all an art in itself. Good luck, and be extremely careful to keep to your local eviction laws, as any breach may result in delayed evictions or even lawsuits.
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