Tenants who don't pay rent are not allowed to have their possessions removed.You have to give the tenant a written notice with a deadline for catching up on their rent.If they don't pay by the deadline, you can go to court and file an eviction lawsuit, which is called an "unlawful detainer" action.If you have any questions, you should consult with an attorney.
Step 1: You should read your state law.
The rules for evicting a tenant are laid out in your state law.To find your state law, type "your state" and "eviction" into an internet search engine.You can find your state's law by looking for the following: How much advance notice you must give the tenant.Tenants in most states are given a chance to pay their rent.The eviction notice has to say something.If back rent is paid, the tenant can stay in the apartment.The notice must be delivered to the tenant.You can't just slide it under the door in most states.You will probably have to deliver it to the tenant.
Step 2: The notice should be drafted.
You should draft your notice after reading your state law.This is a notice to pay rent or quit.You might be told what to put in the notice by your state.Make sure you follow the requirements.If the tenant is a month-to-month tenant without a lease, your state law might have different requirements.If you pay the amount of rent due as of the date of this notice before it expires, then the notice as it applies to rent arrearage is void.If you pay all rental arrears, all rent due as of the date of payment and any filing fees and service of process fees actually paid by the landlord before the writ of possession issues is completed, then your tenancy will be reinstated.
Step 3: The notice needs to be delivered properly.
Your state law will tell you how to deliver the notice.You can mail the notice in a lot of states.You will have to personally deliver the notice to the tenant in some states.The tenant can raise this as a defense in an eviction lawsuit if you don't deliver the notice properly.You need to give enough advance notice to deliver the notice.The tenant has three to five days to pay their rent.If your state requires you to give the tenant five days notice, don't give it only four days.
Step 4: Rent can be accepted if it is offered.
Your state law probably requires you to accept the back rent if the tenant can get it together by the deadline.Don't try to avoid the tenant.When a tenant knocks on your door, open it.It is possible to get rid of a problem tenant by not renewing their lease at the end of the lease term.You are obligated to accept the rent if they come up with it before the deadline.
Step 5: Don't self-help.
You could be tempted to change the locks on the doors of your tenant.State law does not allow you to engage in self-help.If you do that, the tenant could call the police on you.Don't remove the tenant's door or change the locks.Don't cut utilities.Don't threaten or use force.Don't remove the tenant from their property.
Step 6: Meet with a lawyer.
You should meet with an attorney to discuss the eviction process.A landlord-tenant lawyer can look over your notice to see if it's enough.Any questions you have about the eviction process can be answered by the lawyer.If your state or local bar association runs a referral program, you can find a landlord-tenant attorney.Call the lawyer and schedule a consultation after you have a referral.Half hour consultations can be offered for free or for a reduced price.
Step 7: Get your books in order.
You should show the judge the financial records.You want to make sure that you credit the rent check to the tenant, otherwise you will be seen as a landlord who did not credit it.Make sure the tenant didn't pay rent by looking at your financial records.The tenant made payments in the past and when.You might need to look at your bank statements.
Step 8: All communications must be preserved.
You have to go through all of your communications with the tenant.You should look for emails or letters from the tenant.You should read your responses.The tenant may have been given permission to be late with the rent.A broken toilet and lack of water pressure are some of the serious defects in the apartment that the tenant may claim caused her to not pay rent.You should check to see if you received any notice at all.If the tenant contacted you about needing repairs, he or she could have a valid claim for not paying rent.If you don't make necessary repairs, you can lose your rent in some states.Show your lawyer any communication you had with the tenant.If you have refused to make repairs, you might not be able to evict.
Step 9: You can find the right court.
You can bring eviction lawsuits in some large cities.In most places, small claims court is where you can file a lawsuit.Small claims courts are designed so that you don't need a lawyer to represent you.The process is not formal.Check to see if your city or county has a small claims court.You can ask at the courthouse if you are unsure.If you have a lawyer and want to file in a civil court, you can do so.
Step 10: You should get a complaint form.
You can start the eviction lawsuit by filing a complaint with the court.A complaint identifies you and the tenant.The facts that led to the eviction are explained.You can use the blank forms printed by most housing and small claims courts.You can ask the court clerk.Many civil courts have printed forms.If there is a sample complaint you can use as a guide, ask the court clerk.If you don't have a sample, you may have to hire a lawyer.
Step 11: Go ahead and complete the form.
You can type with dark ink or a typewriter.Each form will ask for slightly different information, but each should ask the following: your name and address, the amount of rent, and when it was due.
Step 12: The complaint should be filed.
Take all copies of the complaint along with the original to the court clerk.To file the original, ask.The filing date is what the clerk can stamp your copies on.Depending on the court, you will have to pay a filing fee.You can ask the court clerk for payment methods.
Step 13: Notices should be served on the tenant.
The tenant has to be given notice of the lawsuit.You can't just hand-deliver it to the tenant.The court will have specific rules for delivering service.The court clerk can give you acceptable methods of service.You will usually need someone to deliver the notice to the tenant.You can either hire a private process server or pay the sheriff to make personal service on the tenant.You can find the process server on the Internet or in the phone book.They charge between 45 and 75 per service.You may be able to have anyone 18 or older who is not part of the lawsuit deliver the notice.You can mail the complaint to the tenant in some courts.
Step 14: You should file your proof of service.
Whoever makes service on the tenant needs to complete a proof of service form.The judge wants to know if service was made on the tenant.The form from the court clerk can be given to your server.When service is made, the server completes the form and returns it to you.You have to file it with the court.For your own records, keep a copy of all court documents.
Step 15: Receive the answer from the tenant.
The tenant could fight the eviction.He or she will file an answer in the court if that is the case.In the answer, the tenant admits or denies the allegations.The eviction is illegal if the tenant states a reason.The tenant might claim that you have engaged in illegal discrimination on the basis of race, sex, disability, sexual orientation, religion, etc.If you are accused of discrimination, you should meet with a lawyer.A discrimination charge is serious and you need to begin building a defense as soon as possible.The tenant might claim that something is wrong with the apartment and that he or she is withholding rental payments.Your state law will often prevent a tenant from withholding rent.The tenant has to give you a chance to make the repairs, even if the law doesn't allow it.This is usually a weak defense if the tenant never gave you notice.
Step 16: Attend your hearing.
Arrive early on the day of your hearing.You should have enough time to find parking at the courthouse and go through security.All the documents you filed in the lawsuit should be brought with you.As the landlord, you will present your evidence first.The presentation may be informal in small claims court.Tell the judge that the tenant has not paid their rent.You can ask the judge if he or she would like to see your records.The judge might ask you some questions.Wait for the judge to stop talking before answering.Call the judge "Your Honor" if you want to listen to the tenant's side of the story.You can not interrupt.If the tenant says that you didn't perform repairs, you should tell the judge that he never received notice that repairs were needed.
Step 17: Receive the eviction notice.
If you win the lawsuit, you will get an eviction notice.A court order can be used to evict a tenant.It could be a different name in your court.You cannot evict the tenant on your own.Most states require you to contact the sheriff.You can pay a fee if you take your warrant of eviction to the sheriff.The eviction date will be notified by the sheriff and he will supervise the removal of the tenant.If the tenant leaves his or her property behind, you need to read your state's laws to find out what to do next.You can see Handle a Tenant's Abandonment Property.