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

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.

2. Give the tenant adequate written notice that you are terminating his or her tenancy, following state and local eviction procedures.

3. File a lawsuit to evict the tenant if the tenant does not move or correct violations after receiving a termination notice.

4. Realize the tenant may mount a defense against your eviction lawsuit, possibly increasing the time of the eviction process.

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.

[rmulvihi]

on 12/30/2008 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.

[E713]

on 11/6/2008 I HAVE A TENANT WHOM IS TELLING ME THAT SHE WONT LEAVE THE APT. BECAUSE THE PEOPLE FROM FEMA ARE TELLING HER TO STAY OR THEY WONT GIVE HER ANY FINANCIAL HELP OR A SHELTER WERE TO STAY... I UNDERSTAND THAT BUT MY PROBLEM IS THAT THE DISASTER HAPPENED IN SEP. 13... ON THE 1ST OF SEP. WAY BEFORE THAT HAPPENED SHE ONLY PAYED A THIRD OF THE RENT ...I WAS LENIANT AND TOLD HER ITS OK GIVE ME THE REST ON THE 10TH... ITS NOW NOV. AND SHE HAS NOT GIVEN ME ANYTHING FOR THE MONTHS THAT SHE HAS BEEN THERE NOR WILL SHE LEAVE THE APT. SHE STATES THAT FEMA HAS TOLD HER TO SAY PUT OR NO HELP WILL BE GIVEN... NOW I CHECKED WITH FEMA AND THEY SAID THAT ALL SHE HAS TO DO IS TELL THEM HER NEW LOCATION AND THAT THEY WILL SEND HER HER HELP THERE .... SHE STILL REFUSES TO LEAVE AND WILL NOT PAY ..I HAVE SERVED HER A VERBAL AND COURT EVICTION..WHAT CAN I DO???

[mscolumbia]

on 10/1/2008 I have a house in Ohio that is being rented out the tenants called and said that they will not being paying anymore rent and intend to say in my house for two more months, what canI do?

[reenie27]

on 9/26/2008 I am taking my tenant to court for cruelty for my dog and also assault charges, I have alread sent him a certify letter to vacate in 31 days. How ever the man wont leave and now is threating to drag me down and kill my dog ever chance he gets, I also caught him video taping thru my windows and taking pictures of my house and property. He threatens that he will cost me so much money that I will lose everything. My question is how hard is it going to be to get him out. The closer the court date the more the man finds something else to do.

[luvtennis]

on 9/2/2008 I am currently going through a divorce and have been granted temporary management/ownership of my property (my husband moved out). I have two tenants renting two rooms in my house (rooms with separate entrance). In the past the tenants were paying the rent to my soon to be ex-husband. My attorney has notified them to give the rent to me, but they keep claiming that they paid the rent to my ex-husband who has been ordered by the judge not to collect the rent any longer. For the last 3 months I have not received any rent money from the tenants, I have been paying all the house expenses (mortgage, insurance, utilities, etc...). How can I evict these tenants from failing to pay their rent to me? Please advise.