How to Evict a Tenant for Non-Payment

If you are dealing with a non-paying tenant, don't simply put your tenant's belongings out in the street and change the locks. This type of eviction is not legal. If you are hasty and prematurely evict the tenant, he or she will drag you into court and you'll lose the case, regardless of how much the tenant owes you. If you check the eviction laws in your state and follow the correct procedure, you'll be able to evict a tenant for non-payment.

Instructions

1. Give the tenant a warning in the form of a pay or quit notice. This notice should indicate that the tenant must pay the rent owed or move out within a set number of days.

2. File an eviction motion in court if the tenant ignores the pay or quit notice. You will be given a date when the tenant must face you in court. Note that the tenant can pay you what is owed at any time before the court date.

3. Present your case to the judge on the court date. The judge will listen to the circumstances of the case and give the tenant a firm move-out date and/or an amount they must pay in full in order to avoid eviction.

4. Contact a sheriff or marshal if the tenant has not moved or paid the rent by the date set by the judge. You'll have to pay the official a fee to accompany you to the residence to change the locks and remove the tenant's possessions from the unit.

Tips & Warnings

• Check the eviction laws in your state to check for any variations or special instructions for your evictions in your state.

• Do not try to evict without going through the proper channels

References

• Expert Law: Evicting a Tenant