How Can I Evict My Tenants for Non-Payment of Rent?
As a landlord, you rely on your tenants to pay rent. The law recognizes this and has made it faster for you to evict tenants who do not uphold this part of their responsibility. Unlike other types of evictions which may require as much as 60 days notice, an eviction for non-payment of rent requires only a three-day notice. The court hearing and ruling come quickly after that in most jurisdictions. However, you must make sure to do everything correctly during the process to ensure your claim is not dismissed by the courts.
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Instructions
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Give the tenant written notice. You are required to give the tenant three days notice before filing for eviction for non-payment of rent, which you must post, mail or hand deliver. Consult a lawyer about the wording of your notification forms so they include all of the information required by your jurisdiction. Although the information required does vary depending on where you live, most counties require the name of the tenant, the address of the rental property and the specific amount of rent owed. In some counties, you can pick up notification forms at your county clerk's office or you can write your own.
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File a case with the county court. If the three days pass and you do not receive payment in full, you can file your case and start the eviction proceedings. The filing fee varies from county to county but expect to pay at least $100 plus the cost of having your tenant served. You can find the paperwork at your county clerk's office or on their website. You need to file a copy of the three-day notice with the courts at this time, too.
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Appear in court. After filing your case, a hearing will be scheduled. The date of the hearing is usually 7 to 14 days after you file. The landlord and the tenant should appear. If the tenant does not appear, a judgment in favor of the landlord will automatically be granted. Otherwise, you may need to provide proof that you followed the correct procedure and maintain the habitability of the rental unit.
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Take possession of the rental unit. If you win the court case, the eviction date for the tenant will be scheduled approximately three to seven days following the hearing. Some tenants may not move out by the scheduled date. In that case, you can contact the sheriff to enforce the judgment and change the lock on the premises.
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Tips & Warnings
You are owed rent for each day the tenant remains in the rental unit. However, you will probably need to file a separate lawsuit in a district court. Remember you can file this claim against the tenant and any guarantors of the lease.
You do not have the legal right to change the locks or to take other self-help measures to evict your tenants. If you do not follow the legal process correctly, the tenants can sue you even if they have not paid their rent.
You should not accept partial rent payments, especially during the 3-day notification period. If you do, the court may dismiss your case.
References
- Fredrikson & Byron, P.A.: What To Do When a Tenant Stops Paying Rent; Mark W. Vyvyan
- NMLegalAid.org: Paying Rent
- Florida International University: Florida's Landlord/Tenant Rights
- Fair Housing Council Orange County: Landlord/Tenant Legal Assistance
- California Department of Consumer Affairs: Terminations and Evictions
Resources
- Photo Credit Thomas Northcut/Photodisc/Getty Images
