How to Process an Eviction Notice
Each state has unique procedures for processing an eviction notice. However, what is shared among the jurisdictions is that a landlord cannot evict because of retaliation--in other words, to get even with the tenant for something he has done to make the landlord mad, such as reporting him for unsafe conditions. The landlord also cannot use self-help methods to get a tenant out, such as turning off the heat or water or changing the locks. All state and local laws must be perfectly followed or else the case will be invalid and the landlord will have to restart the process.
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Instructions
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Give the tenant an eviction notice if he has missed a rent payment. In this case, the landlord can serve the eviction notice by saying that the tenant has to pay the rent by a certain time frame, (this is based on your state's laws), including late fees if they are in the rental agreement, or he will have to move out. If the tenant does come up with the rent and any applicable late fees, you cannot continue with the eviction. Include in the missing rent eviction notice your name and phone number; the tenant's name and address, including city, county, state and ZIP code; a description of the property; the rent that is due, excluding late fees, from when the rent was due to the date you are serving the eviction; and the late fee if applicable.
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Serve an eviction because of a lease violation. Maybe your tenant brought in a pet that was not allowed or brought in more than the allowed number of pets, maybe the tenant is letting people live in your rental property without permission, or maybe the tenant is leaving a broken-down car on the front lawn. You state in this eviction notice that the tenant has to rectify the situation by "X" number of days, depending on your state's laws, or she has to move out. If she corrects the violation, you cannot evict. Include in the violation notice your name and phone number; your tenant's name and address, including city, county, state and ZIP code; a description of the property; and a description of how the tenant violated the lease. Start by saying, "You violated the lease by" and then fill in the rest.
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You may be able to issue an unconditional notice depending on where you live. Some states allow the landlord to issue an eviction notice without any chance to correct the problem. This happens in extreme cases where the tenant is constantly late with the rent, if he is engaging in illegal activities on your property or has caused major damages to your rental property. If what you allege is true, the tenant must move out if you serve the eviction notice. Do this the same way as the others, only state why you are evicting.
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You may be able to serve an eviction notice for no reason at all. Some states allow the landlord to tell the tenant that he has to move, usually in 30 or 60 days. However, check with your state for the specific period you must allow. In addition, check to see if there are extenuating circumstances that prevent you from issuing this type of eviction, such as if your tenant is disabled or a senior citizen. In such a case, different laws may apply.
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File the eviction in your local court. Check your state requirements first to see if you have done everything exactly right. The tenant then has a chance to answer and possibly rebut your charges. If the tenant ignores the notice, a default judgment is awarded to the landlord. If the tenant does rebut your charges, you may have to go through a hearing. If the ruling is in the landlord's favor, the landlord advises the police or sheriff, who posts an eviction notice and will physically remove the tenant if necessary.
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