Tenant Eviction Process

In order to legally evict a tenant, eviction process must be accurately and precisely followed by a landlord. Specific rules vary by state and sometimes by local jurisdiction, though there are general steps that all landlords must follow. The first step in the tenant eviction process is serving the tenant with an eviction notice. An eviction notice is also sometimes called a notice to quit. In the case of a tenant with a current and valid lease, the eviction notice should state the reason for the eviction. Landlords may legally evict leased tenants for nonpayment of rent or other lease violations. The notice should specify the legal amount of time the tenant has to either leave the property or comply with the lease terms. If the tenant refuses to do both, the next step in the tenant eviction process is to file a complaint with the court. A court date will be set and a summons sent to the tenant to appear at an eviction hearing. Both parties will then be able to make their case in court. If the landlord wins the case, a tenant may then be legally removed from the property by an approved party, usually a sheriff or law enforcement officer.

Fast Facts

  • There were 7,245 evictions in Baltimore, MD in 2005 that required the city to remove a tenant's belongings, costing taxpayers $776,782.
  • The eviction process takes an average of 2 to 4 months, though time periods may vary.

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