Eviction Procedure

Tenants who have violated the lease can be legally removed through the court eviction procedure. In this process, the interests of both parties are protected by law. If properly followed, eviction procedure allows the landlord to forcefully remove yet still respects the tenant's position in the lease. The eviction procedure's first step involved identifying the violation(s) that have occurred. Without a confirmable violation of either the lease or the law being named, an eviction cannot be granted. Landlords must then serve a notice to the tenant, by hand or by mail, that states the names of parties, the violation that has occurred, and should clearly state that eviction is scheduled to occur. If a tenant fails to vacate or solve the problem before the period of notice ended, the eviction procedure can be taken one step forward by filing the necessary claim in court. At this point, the remainder of the eviction procedure is mostly in the hands of the court.

Fast Facts

  • A writ of promise will be issued if the eviction is legalized
  • An additional hearing will need to occur to recoup losses or damages

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