Landlord Eviction Process
When a landlord receives a court order forcing a tenant to vacate a property, this is known as an eviction. A court order is in fact the culmination of a long process, the steps of which vary from state to state, but which usually begins with the landlord requesting that the tenant vacate the premises.
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Evictions can be initiated for a number of reasons, all of which will eventually require a court order for the eviction to go into effect. Laws related to eviction are enacted by cities, counties and states, not the federal government, so a landlord must consult a local municipal office, such as a county clerk, for the specific procedure in his jurisdiction. In all cases, though, the tenant will have a chance to answer the notice in court.
Types
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Evictions are generally served for two main reasons: a failure to pay rent or a violation of a condition of the lease. Generally, if the tenant is late on rent, the landlord may not immediately seek an eviction of the tenant, but must petition the court for compensation. Only if the tenant fails to make good on her debt can the eviction go forward.
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Effects
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After a judge has ordered the tenant to be evicted, the tenant will be given the opportunity to leave the premises on his own accord, usually within a set period of time. If the tenant fails to leave by the appointed date, the landlord is usually allowed to request that a law enforcement official compel the tenant to leave.
Warning
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If the landlord attempts to remove the tenant without going through the eviction process, he may face legal sanctions. According to the University of New Mexico's Judicial Education Center, if a landlord illegally locks a tenant out or shuts off her utilities, the tenant may seek damages in a court. The tenant may request a judge to compel the landlord to restore access to the space and to assess a financial penalty against the landlord.
After The Eviction
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In some states, after the eviction is complete, the landlord is required to hold the tenant's property for a set period of time. In Nevada, for example, the landlord must hold the tenant's property for 30 days, during which time he cannot charge rent, but can charge a storage fee. If the tenant does not make arrangements to pick up her property, the landlord must notify the tenant by certified mail at least two weeks prior to the end of the 30 days that he is planning on disposing of the property.
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