How to Evict Someone & Their Belongings
When you wish to evict a tenant, you must do so in accordance with the law, which in most cases involves sending a notice of eviction to the tenant, allowing the tenant time to correct the problem and prevent eviction, and obtaining an official eviction order. Following the correct procedure for evicting someone and their belongings is essential in order to protect your rights as a landlord and to avoid being sued by your former tenant.
Other People Are Reading
Things You'll Need
- Proof you have served eviction notice to tenant
- Valid eviction order
- Writ of assistance, if tenant refuses to leave
Instructions
-
-
1
Serve your tenant with an eviction notice. Some states require landlords to give a reason for eviction, and some do not. Research the laws in your state.
-
2
Obtain an eviction petition. If the tenant has not vacated the premises or corrected the problem that prompted the sending of the eviction notice within the time frame according to the laws of your state, the next step is to obtain an eviction petition by filling out the form available at your county courthouse.
-
-
3
Serve the tenant with the petition. This can be done via the county clerk's office or by having a sheriff serve the petition in person.
-
4
Attend the eviction hearing. If a tenant disagrees with the eviction notice and petition, a hearing will take place. Present your side of the case clearly and with all of the evidence you have available to support your claim that the tenant should be evicted.
-
5
Obtain a writ of assistance if the tenant still refuses to leave. A writ of assistance allows the local sheriff's department to physically remove the tenant and his possessions from the premises.
-
6
Store any possessions left behind by the former tenant for at least 60 days to give the person time to claim them. Discard or donate any possessions left unclaimed once it has been determined that the former tenant has abandoned them.
-
1
