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Fact Sheet

What Is the Process for Evicting Tenants?

Contributor
By Rodney Crutchfield
eHow Contributing Writer
(0 Ratings)

Evicting a tenant is the forcible removal of the tenant by a law officer. Eviction processes vary in all 50 states, but there are some aspects that all states have in common.

    Notice of Eviction

  1. A notice of eviction tells the tenant that unless he takes certain steps, he will be evicted. Those steps depend on the type of eviction notice the tenant receives.
  2. Types of Eviction Notices

  3. Eviction notices usually fall into two groups. The first is an eviction notice for nonpayment of rent; the other is a Conditional or Unconditional Quit or Vacate Notice. The first notice means that the renter must pay all due rent to avoid being evicted. A Conditional Quit Notice means that if the terms of the eviction notice are met--for example, getting rid of a pet that the lease disallows--the tenant may stay. An Unconditional Quit or Vacate Notice means that the tenant will have to move, and can do nothing to prevent it. This may happen when the property has been sold for other uses.
  4. Effects

  5. Eviction notices are essential. They put the law on the side of property owners, and without the proper eviction notice, a property owner would be denying a tenant due process. A tenant may still get a lawyer and try to fight eviction in court.
  6. Significance

  7. An eviction notice must be written and follow the law of your state. According to each state's legislature, an eviction notice must contain certain language. The legal language will state the reasons for the eviction and any recourse the tenant may have to stop it.
  8. Warning

  9. Keep in mind that, given the court costs involved, eviction is an expensive proposition. Try to avoid it. If you have a tenant who simply won't pay the rent or will not abide by the terms of the lease, the only alternative you have is eviction after all other methods have failed. It is best in that case to follow through with eviction procedures.
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