It is one of the hardest parts of being a landlord.Sometimes it is necessary.In general, you have to give your tenant notice and give them an opportunity to resolve the issue that led you to want to evict them.You may need to let a judge rule on the situation if they fail to resolve the problem.To let the court know that the tenant has an opportunity to resolve the matter, you must file an eviction notice.You can file a complaint to evict the tenant after that.
Step 1: Write a letter to your tenant.
Lay out your legal grounds in the letter.List the reasons the tenant is in violation.The letter should describe any previous attempts you've made to communicate with the tenant.The tenant should be given a deadline to respond to the letter.You have to give a specific amount of time in some states.A week is usually enough if your state doesn't have a specific requirement.You should make a demand of how the situation should be resolved.If your tenant is behind on rent, you can list the amount they owe you.
Step 2: Attempt to reach a compromise with your tenant.
It's cheaper and easier to work out a compromise with your tenant than to file for eviction.It will be easier for everyone if you can work out a solution with your tenant.If your tenant is behind on their rent, they won't be able to pay it all at once.They may be able to pay you from paycheck to paycheck until the balance is paid in full.You can find out why your tenant is in the situation by talking to them.They might have had a death in the family, lost their job, or been ill.
Step 3: Pick the correct eviction notice form.
The specific reason for evicting your tenant will be listed on the eviction notice forms in your local court.You can use the one that suits your situation.You can get these forms from the court website.If your court doesn't have a website, you can ask at the county clerk's office.The notice gives information about the legal grounds for eviction and tells the tenant what they need to do to stay.
Step 4: The notice should be served on your tenant.
You can serve the notice yourself along with a witness.You can leave a notice with someone who is at least 14 years old if the tenant isn't there.You need to mail a copy of the notice to the tenant.You can get a process server to serve the notice on the tenant.You can post the notice in a public place if no one is home.The front door has eviction notices taped to it.You have to mail a copy of the notice to the tenant.Some states may require you to mail the notice with a return receipt in order to know when the tenant received it.
Step 5: Proof of service must be filed with the court.
You have to let the court know that the tenant was notified of their lease violation and that you were going to evict them.In most states, you will need at least one of the following: a statement signed by the tenant and your witness, a certified mail return receipt, and a proof of service form.
Step 6: You must complete your summons and complaint.
If your tenant has not paid their back rent or corrected any other issues that led to the eviction notice, you should prepare to go to court.The tenant needs to be in court to answer the summons.The legal grounds for eviction and steps you have taken to resolve the issue are stated in your complaint.You can use the forms in the courts to draft your summons and complaint.You should get a local attorney to draft these documents for you.Once your documents are complete, take them to the clerk's office of the local court.You will have to pay a filing fee to get the case started.If you win the case, you should get the tenant to pay court costs.The clerk will give the photocopies back to you after they file-stamp your documents.Two sets of copies are for your records and your tenant.
Step 7: Serve.
The process of legal service makes sure that your tenant has time to respond to the lawsuit.In the eviction case, your tenant has the right to defend themselves.Different states have different types of service that are acceptable.You can get a sheriff to serve the documents.Private process serving companies can be hired.Private process server are more expensive and specialize in tracking down people who are hard to find.Most states allow anyone over the age of 18 who isn't involved in the case to deliver the summons and complaint to the tenant.They need to fill out a proof of service form.You can mail the summons and complaint using certified mail with return receipt requested.Most states require personal service for summons and complaints.
Step 8: Wait for the tenant's response.
Once the tenant receives your summons and complaint, they have about two weeks to respond to the complaint.You may be able to get a default judgment against them if they don't file a response.In the tenant's complaint, they can argue their case against you.The tenant might argue that you failed to make necessary repairs to their unit, which resulted in them withholding rent.
Step 9: If necessary, ask for a court date.
When you file a summons and complaint, courts usually set a date for the hearing.Others give the tenant time to fix the situation before allowing a court date to be set.A tenant can't be evicted for more than 30 days after a complaint has been filed.You can call the clerk's office and request a hearing if the tenant hasn't done anything in 30 days.If you have to request a hearing date, you will need to serve your tenant with notice even if they haven't responded to your eviction suit.
Step 10: There is documentation related to the eviction.
All documents related to the eviction, as well as the tenancy in general, should be organized in order to be prepared for the court hearing.Group these documents according to their legal grounds for eviction.If your legal grounds are related to a lease violation, you might want to bring a copy of the lease.
Step 11: On your court date, go to court.
You should arrive at court at least 15 minutes before your hearing so you have time to go through security and find the right courtroom.You should dress in keeping with your status as a landlord.Wait in the gallery for your case to be called.Stand and say that you are ready to go.There are tables at the front of the courtroom.
Step 12: Make a case for why your tenant should be evicted.
The judge will usually hear from you first after you brought the case.Explain the legal grounds for your case loudly and clearly.If there is personal animosity between you and the tenant, keep that out of your statements.Discuss only the facts that are relevant to the case.The tenant may not show up.The judge can enter a final judgment in your favor if they don't.You won't have to present your case if the tenant is not there.
Step 13: The judge is speaking to your tenant.
The judge will likely have questions for your tenant if they show up.The judge may not ask the tenant anything if they come with an attorney.The tenant's case will be presented by the attorney.You may be able to ask the tenant a question.Don't speak to the tenant at all.All of your statements should be addressed to the judge.If you believe that the tenant is not telling the truth, don't shout or interrupt.When they get done, you can say something.
Step 14: Find the judge's decision.
The judge will probably ask you if you have anything you'd like to add after your tenant has presented their defense.They will let you know if you can proceed with the eviction.If your tenant is evicted, the judge will give them a certain amount of time to leave.Depending on the laws in your state, this time varies.It might be as long as 30 days, but it's usually at least a week.
Step 15: If the tenant isn't moving out, contact the sheriff's department.
The deadline for the judge's order is when you have the right to remove the tenant from the property.The sheriff's department can remove the tenant from the property if they haven't moved out by that date.They are considered to be on your property if they don't move out of the rental property by the deadline.Before you can use the sheriff's department to enforce the order, you have to go back to court.A judge gives you legal authority to enforce a court order by issuing a writ.