How to Evict Someone From a Rental Property

Sooner or later, most landlords must face the reality of evicting a tenant. Whether it's for nonpayment of rent, destruction of property or simple violation of the renter's agreement, things aren't working out and the tenant refuses to go willingly. In such cases, by following the proper procedure and filing the right forms, you can legally obligate your tenant to vacate and have the full support of law enforcement behind you when you do.

Instructions

1. Assume a worst-case scenario when you first take on the tenant. He may seem pleasant and responsible, but you never know how and when that may change. Stipulate every conceivable condition for eviction and explain the grounds for an eviction in no uncertain terms in the agreement. The tenant agrees to all such stipulations by signing it.

2. When you have determined that an eviction is necessary, put together all of the documents that strengthen your case. The rental agreement is the most important, but you should also include any written notices you have given the tenant, canceled checks she may have written, complaints from neighbors and police reports if applicable.

3. Write up one of several eviction notices explaining the situation to the tenant and setting a time by which he must vacate. A Notice to Vacate is the most basic form of eviction notice, applicable to any case where the tenant is not complying with the rental agreement (for instance, by keeping pets if the renter's agreement specifically forbids it). A Notice to Pay Rent applies when the tenant is behind on his payments. A Notice to Vacate for a Nuisance applies when the tenant has been making a racket, damaging the property, or otherwise behaving in an unacceptable manner.

4. Contact the local Clerk of the Court's office and ask to formally file the notice. You'll likely need two copies of your eviction notice along with a small filing fee. You'll also need copies of all the supporting documents you have collected. The Clerk's office will accept them and issue a pair of formal summons to you: one for you and one for the tenant. They will also set a court date for you in case the tenant challenges the eviction.

5. Serve the formal summons to the tenant. It needs to be delivered directly into the tenant's hands. If you don't wish to do this yourself, you can contact the county sheriff's office or hire a private process server to do it for you. You can also send it by certified mail, which means the tenant must sign for it and thus confirm that she received it.

6. Make sure the return-of-service portion on the back of the summons has been properly filled out and signed, then return it to the Clerk of the Court for formal filing.

7. Prepare for a court date. Ideally, the tenant will respect the summons and vacate the property, but if he chooses to challenge it, you must make your case in court. On the day of the hearing, bring every scrap of supporting documentation you have and present it all as calmly and logically as possible.

8. Assuming the court rules in your favor, ask the clerk for a writ of possession, which allows you to schedule an exact date for the eviction.

9. Have the sheriff's department be present at the property on the day of eviction to ensure that the tenant moves out peacefully.

Tips & Warnings

• Specific laws on eviction vary in different geographic areas. Check with your local government and make sure you adhere to all legal niceties when you proceed with an eviction

• Always document every step you can during this process. Speaking to the tenant verbally may be easier, but it fails to leave a paper trail. The more you have documented, the easier the eviction becomes.

Resources

• DocStoc.Com carries copies of eviction notices to use if you need a template.