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.

[rentitnow]

on 8/19/2009 Check out link to see more details of how to evict a tenant in as little as 20 days. http://ezinearticles.com/?How-to-Evict-a-Tenant-in-As-Little-As-20-Days&id=2682377

MScolumbia, serve them the day they are late and get them the heck out.

For everyone in general, I ALWAYS serve a tenant the day after the rent is due if it is not there. I don't take any cr@p. I am not a bank that approved a loan to them...tell them to go somewhere else to borrow money - i can't afford it. My mortgage payment is due but if I don't pay it, I don't have a house.

[lajune]

on 7/28/2009 My hubby moved the girl from work and her family in our rent house next door.He's been seeing her!! I WANT HER OUT!!! I'll DEAL with hubby later!

[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?