How Does a Landlord Evict a Deadbeat Tenant?

Introduction

Eviction is the most common term for a landlord's repossession of a domicile from a tenant. If the eviction is effectuated through a lawsuit for unlawful detainer, it is likely to be called summary possession. The bottom line in any case is that the landlord takes possession of a property and forces a tenant to vacate. The laws governing eviction vary from state to state, and within a state can vary by city or county. It's only possible, therefore, to outline here the most general features of eviction. Individuals should consult their leases, as well as the local and state statutes governing eviction, for more details.

Initiating Eviction

There are several lawful reasons why a landlord can evict a tenant. The most obvious is failure to pay the agreed-upon rent, but repeated violation of the lease agreement or applicable statutes could suffice. Not every clause of a lease is necessarily enforceable, but most states have form rental agreements that represent standards already litigated and decided. In virtually every case of eviction, it's common practice for a landlord to provide notice. If the cause of the eviction is failure to pay rent or some other violation, only 3 to 10 days' notice may be required, depending on the state. If there is no operative lease and the tenancy is operating on a month-to-month basis, a landlord is generally required to serve 30 days' notice of eviction. This is formally called the notice to quit. Standard first-class mail is the best way to serve verifiable notice, especially if return receipt is requested. To be particularly intimidating, a landlord can post an eviction notice for each known resident, and unknown eviction notices for others that may be present.

If a Tenant Refuses to Vacate

In some cases, a tenant will vacate when served with an eviction notice, but certainly not always. If a tenant fails to vacate, the landlord should refrain from direct confrontation and instead consult a legal professional, with the aim of filing a complaint and summons with the local circuit court. A landlord cannot legally reclaim a property without winning an eviction action through the court system. After filing a claim, a landlord or his attorney should hire a professional process server to effectuate process. If the tenant fails to appear in court to answer the complaint, the landlord is granted summary possession and law-enforcement authorities can be enlisted to enforce an eviction if necessary. If the tenant does contest the eviction, an attempt to settle the case without eviction will probably be made, or else the matter will be decided by the judge on the merits.

Resources

• Definition of "Eviction"
• Evicting Tenants
• Tenants' Rights