Every landlord who rents a property will eventually face the day that they must evict a tenant for non payment of rent or for violation of their lease. Every state has laws the outline the eviction process. Landlords must follow the law in order to evict a tenant. Failure to properly follow the law can result in your case being dismissed.

Most states require landlords to file a notice that is called a “payor quit” notice. This notice demands the tenant to pay the rent or vacate the property. The notice can be left on the tenant’s door and/or mailed to the tenant. Some states require that you give a three day notice while others require a seven day notice. In almost every state, providing a “pay or quit” notice is the first step in evicting a tenant.

If the tenant fails to either pay or move out by the end of the period specified in your notice, landlords can take the next step and file a dispossessory at the court house in the county where the property is located. Some states require you to file paperwork for a dispossessory in the state or magistrate court. Other states require you to file a lawsuit called either an “unlawful detainer” or “summary proceeding.”

The tenant will be served notice by the Sherriff or Marshall that you have started the eviction process. Tenants will have a set amount of time in order to respond to the notice. In my state tenants have seven days to answer. You will be assigned a court date after this time period has elapsed.

At court the judge will grant you a judgment against the tenant for non payment of rent. After getting your judgment you can petition the court for a writ (called a warrant in some states). A writ is a legal document that allows you to arrange a date and time with the Sheriff or Marshall to actually evict the tenant. When that date arrives, the Sheriff will meet you at the property and will wait while you have a crew remove all of the tenants’ possessions from the property. At this point you now have regained legal possession of your property.

Failure to follow the correct steps in the eviction process can cause you case to be dismissed. During this time the tenant is living in your unit rent free. Avoid this by following the laws in your state.

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Filed under: Landlord Tip • Landlording • Property Management • Real Estate Investing

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