How to Evict a Tenant
If you have to evict a tenant, you must follow proper eviction procedures for removing the tenant and the tenant's possessions from the rental property. Here's how.
- Difficulty:
- Challenging
Instructions
Things You'll Need
- Eviction Notices
- Financial Calculator
- Property Condition Report
- Real Estate Attorneys
- Personal Organizers
- Writing Pens
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1
Determine valid reasons under local laws for evicting the tenant, such as failure to pay rent, repeated violations or the breach of a lease clause.
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2
Give the tenant adequate written notice that you are terminating his or her tenancy, following state and local eviction procedures.
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3
File a lawsuit to evict the tenant if the tenant does not move or correct violations after receiving a termination notice.
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4
Realize the tenant may mount a defense against your eviction lawsuit, possibly increasing the time of the eviction process.
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1
Tips & Warnings
If you win the eviction lawsuit, most states require that tenants receive a written notice to vacate the premises, delivered and served by a law enforcement officer.
Landlords who know their legal rights and comply with local landlord-tenant laws stand the best chance of successfully evicting a tenant.
Consult with local rental housing authorities or a knowledgeable real estate attorney about proper eviction procedures under your state and local laws.
Comply exactly with local and state eviction procedures to avoid costly delays or mistakes in the eviction process.
Avoid taking illegal actions against a tenant, including "self-help" eviction measures like changing the tenant's locks, physically removing the tenant's possessions, or taking retaliatory actions against the tenant.
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Comments
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I am not a lawyer and cannot offer legal advice but I can tell you my opinion, which is, there is not a court in the land that is going to make you take a tenant you don't want. You all do not have a signed contract which states you are going to give her the house and there is no evidence saying she paid you anything. There is no contract, no consideration (no money) and therefore no agreement. I would sue this lady and her son or whoever for damages to my property. You can't collect back rent because there was no agreement but I am sure you can sue for damages and I would sue for slander.
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just fight it.
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My tenant left after I allowed her to stay for almost 3 years RENT FREE (she's my sister and she's disabled). Her grown son and his friends have left the house in a horrible mess (torn up, trahs ALL over, carpet destroyed), it's really unliveable. Now she's iun a motel, they're mounting a slander campaign against me on Facebook (how I made my (emphasis on) wheelchair bound sister homeless. Now she's threatening to go to Legal Aid and FORCE me to let her back into the house. Her reasoning? I had OFFERED to land contract the house to them years ago. They NEVER came up with the $5000 down (her ex-spouse said the $5,000 got "stolen). So they rented it HUD for several years before they lost their HUD due to her son becoming her Home health Aid (so he now had an income. SO I let them stay there rent free. Then she tried to talk me into GIVING them the house becaue I had it paid off. And, in some e-mails, I talked about giving it to her (but no promises). After which I changed my mind (I lost the house that I lived in dueing the recession). She's taking those e-mails and going to A) try to say they gave me $5000 and had a land contract (she had no receipt and no land contract papers) and B) If that doesn't work she's going to use the e-mails to try and say that I had PROMISED to give her the house. my question is: WOULD EITHER OF THOSE TACTICS WORK? AND, IS THERE ANY WAY SHE CAN FORCE HER WAY BACK INTO THAT HOUSE? My son and and I are trying to clean the house up right now. There's 8 cats in the house, It's horrible, filthy, actually has old (ladies) sanitary pads stuck to the walls in the bathroom (I guess her son and his friends thought that would be funny) We took pictures. It's unliveable right now. I have to leave the state for work but my son plans on staying there. I don't have a lot of funds right now for an attorney so it will take me a couple of months to get one if she goes to Legal Aid. She'll get sympathy based on being in a wheelchair. Any advice?
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rmulvihi
Dec 30, 2009
Go to your local courthouse and they will tell you the steps and forms needed to evict and get a financial judgement against somebody. It is not hard, you just need to do the steps correctly and there aren't that many steps. Don't let tenants intimidate you, all the more reason to get rid of them. -
rmulvihi
Dec 30, 2009
Go to your local courthouse and they will tell you the steps and forms needed to evict and get a financial judgement against somebody. It is not hard, you just need to do the steps correctly and there aren't that many steps. Don't let tenants intimidate you, all the more reason to get rid of them.
