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.

Instructions

Difficulty: Challenging

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.