Eviction Process

An eviction is a formal legal procedure aimed at removing a tenant from a rented property.

This process is common nationwide, but the eviction steps differ from state to state. It’s crucial to adhere closely to your local laws and consider consulting with a local attorney to avoid legal complications and financial burdens. Below are some general eviction guidelines to get you started.

How to Evict a Tenant

Review Landlord-Tenant Laws

Before initiating an eviction, it is crucial to review the landlord-tenant laws in your jurisdiction. These laws vary significantly between states and municipalities, and they govern the rights and obligations of both landlords and tenants. Failing to adhere to these regulations can result in legal setbacks, including the potential for your eviction case to be dismissed.

Have a Valid Reason for Evicting

Before proceeding with an eviction process, it’s essential to ensure you have a valid legal reason to do so. Here are some common scenarios where you may consider initiating eviction proceedings:

Failure to Pay Rent on Time

• When ⇒  If the tenant is behind on rent.
• Use ⇒ Notice to Pay Rent or Quit
• Content ⇒ Tenant’s name, address, the amount owed, payment details, and payment due date.

As per state laws, the tenant has a set period to pay rent or vacate the property. The money cannot be used for other owed money, like late fees or utilities.

Violating The Terms of The Lease

• When ⇒  If they violated the terms of the lease agreement.
• Use ⇒ Notice to Comply or Vacate
• Content ⇒ Tenant’s name, address, lease violation, deadline to comply or vacate.

Use this notice if your tenant violates the terms of the lease agreement, like having a pet when it’s not allowed, causing disturbances, property damage, or affecting other people’s health and safety. They typically have a number of days to fix the problem or leave, excluding weekends and holidays.

Some states or jurisdictions may require sending a “cease and desist letter” before sending this notice.

Engaging In Illegal Acts

• When ⇒  If the tenant did something illegal on the property.
• Use ⇒ Notice to Quit for Illegal Activity
• Content ⇒Tenant’s name, address, details about the lease violation, and the number of days when the property should be vacated

This notice typically mandates the tenant to vacate the premises immediately, depending on state law. Common illegal acts that may prompt this notice include drug use, harassment, prostitution, or causing major damage to the property.

Requesting Early Termination

• When ⇒  If you want your month-to-month tenant to move out.
• Use ⇒ Lease Termination Letter (30-Day)
• Content ⇒ Tenant’s name, address, end date of the tenancy (usually 30 or 60 days), and information on abandoned property.

To end a month-to-month lease, send a termination letter to notify the intent to vacate. The letter should give at least 30 days’ notice, but this might vary by state or lease terms.

In certain situations, you can consider eviction if the tenant stays beyond the lease term or if you give proper notice to terminate the rental agreement. However, these reasons may not suffice, particularly in eviction-controlled areas. If uncertain about your legal position, seek advice from your local court or a lawyer to make sure you have grounds for eviction.

Once you’ve confirmed that you have legal reasons to evict a tenant, gather any evidence that can be used to substantiate your claim, such as documents, photos, written communications, or videos.

Prepare and Deliver the Eviction Notice

In almost all states, the landlord must serve the tenant with an eviction notice before initiating eviction proceedings. Understanding the eviction process steps is crucial to ensure compliance with local laws. Depending on state laws, this notice can be delivered personally, posted on the property, or sent via mail.

Find out which notice type you need, depending on the eviction reason, and make sure the form adheres to all requirements mandated by your state law. Failure to include essential information or errors in the notice could jeopardize your case, potentially resulting in an unfavorable outcome. These initial steps are vital in case you will undergo court procedures for eviction.

Here are some general guidelines for the notice delivery:

1. Choose Delivery Method: Decide if you’ll deliver the Notice yourself or have someone else do it.
2. Who Can Deliver: The deliverer must be 18 or older. They can be a friend, family member, or a professional.
3. Direct Delivery: Hand the Notice directly to your tenant.
4. If Tenant Isn’t Home:
   • Leave the Notice with someone 18 or older at their home or workplace, or tape it to their rental home.
   • Mail a copy to them as well.
5. Record the Details:
   • Write down the Notice’s name and delivery date.
   • Sign a statement confirming the details are accurate.
   • Keep this record for potential court use.

Wait for Your Tenant’s Response

Following the issuance of the notice, open lines of communication with the tenant to facilitate negotiation. Here are some potential responses:

• Compliance with Notice: If your tenant fulfills the requirements outlined in the Notice by the deadline, you don’t need to initiate an eviction court case.
• Negotiation: If your tenant expresses a willingness to negotiate, you can engage in discussions to find a mutually agreeable solution. Alternatively, you may opt for mediation, facilitated by a trained mediator, to resolve disputes. In most cases, failing to reach an agreement by the deadline allows you to pursue eviction through court proceedings.
• Non-action: If the deadline passes without any action from the tenant, you have the right to start eviction proceedings in court.

Wait until your tenant’s deadline has passed before taking further action. Eviction proceedings can only begin once the deadline specified in the Notice has expired, which varies for each Notice and each state.

How to Calculate the Deadline

When calculating the deadline, it’s important to consider state laws and the specific notice type being sent. Typically, you should start with the number of days specified in the Notice. Day 1 starts the day after the Notice is delivered or mailed to the tenant.

For good measure, exclude Saturdays, Sundays, and holidays when calculating deadlines for notices, especially those with 10 or fewer days. Also, ensure that the notice doesn’t end on a Sunday or holiday. This approach ensures compliance and minimizes the risk of challenges based on timing.

Complete Court Forms

The landlord typically needs to fill out several court forms, including the Complaint, Summons, Civil Cover Sheet, and a copy of the eviction notice served to the tenant. Understanding how to file for eviction correctly is critical at this stage, so make sure to check state requirements.

Additional documents you might require:

• Lease or rental agreement (if applicable), including any agreed-upon written amendments.
• Any other relevant evidence supporting your case for the tenant’s eviction.

File with the Court

To start the eviction process, find the superior court in the county where your tenant lives and locate the courthouse handling eviction cases. Use this address on your forms and Summons and submit the completed eviction forms.

What Summons and Complaint Is

• Complaint: A Complaint is a legal document that outlines your case against the tenant, detailing the reasons for eviction and the relief you are seeking (usually possession of the property).
• Summons: A Summons is a document issued by the court, notifying the tenant that a lawsuit has been filed against them and providing the details of when and where they must appear in court to respond to the Complaint.

As the plaintiff, you’re taking legal action against your tenant, the defendant. Include all occupants of the home, even if they’re not on the lease. Evicting all occupants at once simplifies the process.

Contact the court clerk to ascertain the filing fee, which can usually be paid by check. The clerk will review the forms and provide the landlord with a filed copy of the summons.

Serve the Tenant

The tenant must be served with the summons and any other necessary documents issued by the court. This can be done either by a process server to ensure proper delivery or via USPS-certified mail.

Tips to Choose a Server

In most cases, you can’t personally serve the tenant yourself. Your server must be 18 years or older and not involved in the case.

You can opt for:

• Someone you trust.
• The county sheriff (in most, but not all, states or jurisdictions).
• A professional process server you hire.

If you decide on a process server, choose one near where your tenant lives or works to potentially save on costs, as they usually charge based on time spent. The sheriff also charges for this service unless you have a fee waiver.

In most states, your server must complete a Proof of Service outlining how, when, and where they served the Summons and related documents, and sign and date at the bottom. You will usually be required to file the original Proof of Service form and one copy at the court clerk’s office.

Wait for the Tenant to Respond

After being served, the tenant typically has a specified period, usually around 20 days, to respond to the court by submitting an Answer form. The court will then schedule a trial date.

If your tenant doesn’t respond within the specified period, you may be able to request a default judgment from the judge, asking the tenant to move out. It’s wise to do this early, keeping in mind that the tenant can still respond before you request the default judgment.

Attend the Trial Hearing

Both parties, the landlord, and the tenant, will have the opportunity to present their cases before the judge. After hearing each party’s arguments and addressing any questions, the judge will render a decision in favor of one party.

When your case is called, you’ll likely speak first, explaining to the judge why your tenant should be evicted. Prepare your testimony beforehand, outlining key facts and details for easy reference.

Tips for addressing the judge:

• Before you begin your testimony, ask the Judge: “Your Honor, may I begin?“
• Start by stating, “Your Honor, I believe my tenant should be evicted because…” and provide supporting facts and laws.

You should bring any evidence, such as photos or emails, to support your case, making sure to provide copies to both the judge and the other party.

Examples of evidence you can present:

• WITNESS TESTIMONY 

Call the witness to the stand and have them recount their experiences with specific instances of noise disruptions caused by the tenant, including dates, times, and the impact on their quality of life.

• UTILITY BILLS 

Display the utility bills one by one, highlighting the periods of high consumption and explaining how they correlate with the tenant’s tenancy. If available, provide analysis or expert testimony to support the argument.

• MAINTENANCE REQUEST LOGS

Present the maintenance request log detailing each request made by the tenant, the nature of the issue, and any corresponding actions taken. Highlight instances where the tenant’s actions or inactions contributed to property damage or deterioration.

• POLICE REPORTS 

Submit the police reports one by one detailing the incidents involving the tenant, such as noise complaints, disputes with neighbors, or criminal activities. Explain how these reports demonstrate the tenant’s failure to comply with the terms of the lease agreement and maintain peaceful occupancy.

If You Win, Remove the Tenant from the Property

If the court rules in your favor and grants the eviction, you will have the legal right to remove the tenant from the property. However, this process must be carried out in accordance with legal procedures to ensure compliance with the law.

Executing the Court Order:

• Coordinate with Law Enforcement: Typically, you will need to coordinate with local law enforcement, such as the sheriff’s office, to oversee the tenant’s removal from the premises. The timing and process may vary based on jurisdictional rules.

Writ of Restitution:

• What It Is: A Writ of Restitution or a Writ of Possession is a court order that authorizes law enforcement to remove the tenant and return possession of the property to you, the landlord.
• How It Works: Once issued, the Writ of Restitution is delivered to the tenant, giving them a final deadline to vacate the property. If the tenant does not comply, law enforcement will physically remove them and their belongings from the premises.

After the tenant is removed, you regain possession of your property and can proceed with changing locks, securing the property, and preparing it for new tenants.

It’s crucial to note that some tenants may be eligible to file a hardship defense, potentially delaying eviction due to unforeseen circumstances. Be aware of your local laws regarding eviction hardships, such as job loss, medical emergencies, or inability to secure alternative housing.

Legal Grounds for Eviction By State

Understanding the legal grounds for eviction can vary widely by state; this table provides a comprehensive overview of the specific reasons landlords can legally evict tenants across different jurisdictions.

How Long Is The Eviction Process?

Understanding the eviction timeline is essential for managing the eviction process efficiently. Here’s a breakdown of the typical steps involved and how long eviction takes, including waiting periods and notice periods:

Eviction Timeline

By understanding these elements of the eviction timeline, you can better prepare for and manage the eviction process, including how long eviction might take from start to finish.

Common Challenges and How to Overcome Them

Dealing with Eviction Hardships

Evicting a tenant can be a challenging process, especially when tenants face hardships such as job loss, illness, or financial difficulties. Understanding the legal framework and potential for extensions is crucial.

• Legal Extensions: Courts may grant tenants additional time to relocate, especially if they demonstrate significant hardship. Landlords should be aware of local laws that allow for such extensions and prepare for possible delays.
• Communication and Mediation: Open communication and possibly mediation can help resolve issues without court intervention. They may lead to alternative solutions like a payment plan or a mutual agreement to vacate the property.
• Documentation: Keep thorough records of all interactions and attempts to resolve the issue. This documentation can be vital if the case proceeds to court.

Handling Tenant Appeals

Tenant appeals and delays can extend the eviction process, adding stress and financial strain to landlords. Here’s how to navigate these challenges:

• Understand the Appeals Process: Tenants have the right to appeal eviction decisions in many jurisdictions. Familiarize yourself with the appeals process, timelines, and requirements in your area.
• Prepare for Delays: Be prepared for potential delays caused by tenant appeals. This could include planning for additional legal costs and lost rental income.
• Seek Legal Assistance: Consider hiring an attorney specializing in landlord-tenant law to navigate the complexities of the appeals process and ensure compliance with all legal requirements.
• Proactive Lease Clauses: Include clauses in your lease that address what happens if an eviction is delayed, such as additional rent charges or penalties.

How Much Does the Eviction Process Cost?

1. Eviction Suit Filing Fees

• Court Filing Fees: The initial cost of filing an eviction lawsuit (often called an unlawful detainer action) typically ranges from $50 to $250, depending on the state and court. Some jurisdictions may charge additional fees for filing motions or other court documents.

2. Legal Representation

• Attorney Fees: Hiring an attorney can significantly increase the cost. Attorney fees for eviction cases can range from $500 to $5,000 or more. The actual amount depends on the attorney’s hourly rate, the complexity of the case, and the length of the legal proceedings.

3. Process Server Fees

• Serving Notice: Landlords are required to serve eviction notices and court documents to the tenant. Hiring a process server typically costs $50 to $100. If the tenant is difficult to locate or avoids service, costs can increase.

4. Court Costs

• Court Appearances: If the case goes to trial, there may be additional court costs, such as fees for a jury trial or other court services. These costs can add $100 to $500 or more, depending on the jurisdiction.

5. Lost Rent

• Rent Losses: During the eviction process, the landlord may lose rental income, which can be a significant cost. The time it takes to complete the eviction and re-rent the property can vary, but this can result in losses ranging from a month’s rent to several months’ rent.

6. Property Turnover Costs

• Repairs and Cleaning: After an eviction, the landlord may need to clean, repair, and prepare the property for a new tenant. These costs can range from $500 to $2,000 or more, depending on the extent of the damage or wear and tear.
• Marketing and Vacancy Costs: Additional costs can include advertising for new tenants and the time the property remains vacant, adding further to lost income.

7. Miscellaneous Costs

• Storage of Tenant’s Belongings: In some jurisdictions, landlords are required to store a tenant’s belongings for a certain period after an eviction, which can add storage fees.
• Locksmith and Security: Changing the locks and possibly enhancing security after an eviction can add $100 to $300 to the total cost.

Total Estimated Cost

• Typical Range: Depending on the specifics of the case, the total cost of an eviction can range from $1,000 to $10,000 or more. The most significant variables are attorney fees, lost rent, and property turnover costs.

Additional Resources

• Tenant Resource Center: Eviction Process
• Evictions 101: The Eviction Process: How It Works and What to Know
• Evicting Squatters: All You Need to Know
• How to Check for Evictions: A Guide for Landlords