How to Evict a Tenant

The most common reason for a landlord to evict a tenant is that the tenant fails to pay the rent, although a landlord may also evict a tenant if the tenant breaches the lease in some major way, such as running a prostitution ring or selling drugs out of the property.  Keep in mind that there are lawful and unlawful evictions.  If a landlord puts a tenant's belongings out on the street and changes the locks, that is an illegal eviction.  In nearly every state, a landlord must go through the courts to legally evict a tenant.

A landlord can go through a "summary procedure," a fast and fairly easy way to obtain a court order to evict a tenant.  Generally, assuming the landlord has a valid reason to begin the eviction, he must notify in writing the tenants that they have a limited amount of time, usually three days, to rectify the situation that is causing them to be evicted.  If they do not do so within the stated time frame, the landlord can file an eviction proceeding (often called an "unlawful detainer  proceeding") with the court.  If the landlord is asking for rent, some states let him sue for back rent as well.

Soon after the unlawful detainer action is filed and then served on the tenants, a court proceeding is held to determine if the tenants should indeed be evicted.   If the judge rules in favor of the landlord, the tenants are then given one to three days to leave the property.  If they fail to do so, the landlord can call the sheriff's office to have the tenants and their belongings physically removed (the landlord cannot physically remove the tenant himself).  Find out about constructive evictions.

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