Understanding the Eviction Process

If you have a tenant who has violated their lease terms, you are likely considering initiating the eviction process. In most states, evicting a tenant without cause is challenging. There are some general rules and guidelines that landlords must follow when seeking to evict a tenant from a property, that pertain to leases regardless of their state of origin.

Tenant Eviction Process

Step 1: Written Notice

Deliver a written notice to the tenant terminating the lease agreement. This written notice can list the specific cause and an option for the tenant to cure or can be unconditional, offering the tenant no option to cure their lease by remedying the issue or issues outlined. Conditional lease termination forms are more commonly used, generally pertaining to either a failure to pay the property rent or a violation in the lease terms by the tenant.

Damage to the property, additional non-listed tenants living on the property and pets are among some of the most common lease violations. In the event that a tenant has caused significant damage to the property, landlords may opt to deliver an unconditional lease termination, giving the tenant the right to move out within a specified time frame, but not the option to remedy the damage caused or to even pay unpaid rent. In some states, landlords may evict a tenant without cause, however, this is challenging to accomplish in most cases.

Step 2: File Eviction

If the tenant was offered an opportunity to cure their lease violation and they did not comply, the landlord can move to file an eviction notice with their local courts. A deadline to cure the lease is listed within the initial notice provided by the landlord to the tenant. This notice will specify both what is required to cure the lease and the number of days the tenant has to comply.

Step 3: Judgment of Possession

If the courts grant approval to evict the tenant, landlords will be granted a judgment for the possession of the property and any unpaid rent. Landlords are not given the right to seize the tenant’s belongings or to lock the tenants out on the street. Landlords should work with their local court systems when removing the tenant from the property and should not attempt to do so independently as legal issues could arise.

Eviction Help

The eviction process can be completed fairly quickly when the landlord understands the process. Be sure to inquire into the eviction laws and processes particular to where your property is located before initiating the tenant eviction process. It would be advisable to contact a Landlord Tenant Attorney to help execute an effective eviction process within legal grounds.