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Evict a Tenant Now?
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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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