How to Evict for Lease Violations
At the beginning of tenancy, you sign a lease agreement with your tenant. It details the terms of the tenancy and outlines the rights and responsibilities both the landlord and the tenant. If a tenant violates one or more of the lease clauses, you may be able to evict him. However, the lease clause must be legal under your state and local laws. You have to strictly follow the eviction processes as established by the housing authority.
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Instructions
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Write a notice to the tenant demanding that he either comply with the violated lease clause or move out of your rental unit. The tenant must do this within a certain number of days after receiving the notice. Depending on your housing authority, you may have to give the tenant a minimum number of days to either comply with the lease or vacate the premises.
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Deliver the notice to the tenant. Depending on your housing authority, you may have to deliver the notice using a certain method -- for example, by giving it to the tenant in person or sticking a copy of the notice on the door of the rental unit. If the tenant does not respond as requested to the notice, you may have to send a second notice.
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File a complaint with your local court. You usually have to provide several documents, such as the lease agreement and eviction notices. You may also have to pay a fee to file an eviction complaint.
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Deliver the court notice to the tenant. Depending on your local court, you may have to serve the papers within a certain period of time. The tenant may be able to file a response to the eviction notice. After reviewing the facts, the court may dismiss the case or schedule a hearing.
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Attend the eviction hearing and present your case to the court. If the court agrees that the tenant has violated a lease clause, you have the right to evict the tenant.
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Deliver the court-issued warrant to evict the tenant from the rental unit. He has to vacate the premises within a certain period of time as set by the court.
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Contact your local law enforcement agency to schedule an eviction to forcibly remove the tenant from your rental unit if the tenant does not move out voluntarily. You may have to pay for this service.
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