How to Evict a Tenant for Non-Payment of Rent

Even if your tenant fails to pay his rent, you can't simply evict him. There are certain legal procedures that must be followed to protect tenants from landlord harassment. The procedures and requirements vary by state, so you will need to check your state laws carefully, however, there is a general procedure that most states follow.

Difficulty:

Challenging

Instructions

Things You'll Need

• great record keeping

1. Send written notice whenever your tenant is late with rent. While this is not officially part of the eviction process, it will prove dates of non-compliance.

2. Send a notice to the tenant that he must pay the rent or vacate the premises. The notice will specify the number of days the tenant has to meet the request. The form used and the time required to be allowed for compliance will vary by state. Visit the HUD.Gov website to find information about landlord-tenant laws in your state.

3. If the tenant does not pay by the date on the notice, then the landlord must file a complaint with the court. The complaint will include the reasons for the eviction and may ask for back rent. The landlord will then serve the tenant with the complaint along with a summons, which is a document that tells the tenant of the suit.

4. Await the tenant's response within a certain time period set by your state. If the tenant doesn't submit a response, the landlord wins a default judgement and can evict. He can also evict if the tenant denies the allegations but the court finds for the landlord.

5. Contact a law enforcement officer, if you win the judgement.You cannot evict the tenant yourself. The officer will inform the tenant of the judgement and the amount of time he has to move out. If the tenant does not comply, law enforcement may physically evict him.

Tips & Warnings

• The tenant may win the judgement if, for example, he shows that he used the owed rental payment to make repairs the landlord neglected.

• A landlord may take it upon himself to order a tenant to leave. He also may not cut off utilities, change locks or remove a tenant's belongings in order to force him to move.

References

• FindLaw: Illegal Evictions Can Get You in Trouble for Landlord Harassment

Resources

• HUD.Gov: State Information