Step-by-Step Eviction Process

The eviction process varies by each state.

Evicting someone from your property requires legal intervention in all 50 United States. Each state has established rules that must be followed to evict a tenant. Evicting a tenant usually happens in cases where the tenant has failed to follow terms of the lease, has not paid rent, or the tenant refuses to leave the property upon termination of the lease.

Instructions

1. Visit chiff.com and select your state to see the eviction laws. Carefully read the requirements for your state to ensure you follow correct procedures.

2. Leave a notice to quit on your tenant's door. This must be left in an area that is easily visible. Your notice should explain the reason you are asking the tenant to leave, what is required to halt the process and give the date by which action is requested. Actions requested could be removing animals or paying the past due rent. Depending on your state's law, you will need to allow between three to 30 days for the tenant to move or comply with your request.

3. File an unlawful detainer action if your tenant refuses to move or does not resolve the issue. You can obtain the form from your county's clerk of court. Fill out the form and submit it to the clerk of court. You will need to provide the date on which you gave your tenant notice to quit.

4. Wait for the court date to arrive and show up with any proof you have of the tenant;s issues. This may be photos of pets that are not allowed or financial records showing the amount you are owed. The court will have notified the tenant of the court appearance.

5. See if the judge orders the eviction or if the tenant comes to the court hearing. If the tenant arrives and has payment in full or has proof any other situation has been resolved, the judge may not grant the eviction. If the eviction is granted, follow the procedures established by your state to forcibly remove the tenant. Some states allow you to enter the home and remove the contents, while other states require a sheriff to handle the removal.

Tips & Warnings

• Most states allow the landlord to recover legal costs from the tenant for the eviction process.

References

• Property Do: How to Evict a Tenant
• American Bar Association: What is an Eviction
• Debt Workout: Foreclosure and Eviction

Resources

• Chiff: Eviction Laws by U.S. State