If you are a landlord, you may need to evict a tenant at some point.Failure to pay rent, destruction of property or use of the property in the commission of a crime are some common reasons for evicting a tenant.An eviction letter is used to get a tenant to leave.In order to be a landlord, you have to comply with local and state laws.
Step 1: The letter should be addressed to the tenant.
The person named in your lease is your legal relationship.You need to talk to that individual about your eviction letter.
Step 2: The tenant should be notified of the eviction.
The purpose of the letter is to evict the tenant and you need to state that very clearly.You may run the risk of confusing the issue if you try to be too polite or cautious.In the first sentence of your letter, you should state that you will be directed to leave the property no later than the date on which you received it.
Step 3: The reason for the eviction should be related to violating terms of the lease or failing to pay rent.
If you are allowing the tenant to remedy the situation and stop the eviction process, state clearly what needs to be done and when.Fails to pay the rent on time; Breaks the lease or rental agreement and will not fix the problem; Damages the property bringing down the value; Become is a common reason for wishing to evict a tenant.
Step 4: It's important to be clear and specific.
Your description of the basis for eviction needs to be understood by an uninvolved party.If you claim that the tenant has failed to pay rent, you should specify the dates that payments were due and the amounts of each one.If you believe that the tenant has damaged the property, you need to identify what has been damaged and make full repairs.If you are evicting the tenant for failure to pay rent, you might say, "My records indicate that you have missed the following rent payments: May 1, 2015 for $1,250; June 1, 2015; and July 1, 2015, for $1,200."The amount due is $3,750.Paragraph 8 of the lease agreement states that you are responsible for maintaining the property in good order if you evict the tenant for damages.On my last visit to your apartment on November 13, 2015, I noticed burns on the carpet covering about 3 square feet, scratches and tears in the wallpaper, and at least five separate holes in your living room wall.
Step 5: The date you want the tenant to leave is included.
You must be within the legal time frame for your jurisdiction.State laws limit how quickly you can evict a tenant.The time for eviction depends on a number of factors, including the length of the lease, and the reason for the eviction.If the tenant has a 30-day lease, you need to allow the end of the current month and one full month beyond.You may be able to demand a quicker eviction for some extreme violations, like commission of a crime or repeated failures to pay rent.After you determine what the law allows for a time frame, set a specific date in your letter: "according to the Lease Agreement, you are hereby directed to leave the property no later than April 30, 2015."
Step 6: You can make a copy of the letter of eviction.
You will need to show proof that you followed the law if the situation ends up going to court.
Step 7: The tenant should be served the eviction letter.
If you serve the eviction letter to the tenant, you can show that you complied with state regulations for service.The easiest way to hand a letter to a tenant is in person.Tenants may try to avoid service if they get a letter.States will allow alternative methods of service.In California, you can either deliver a copy directly to the tenant or leave the notice with someone over the age of 18.You have to send one copy by mail in this case.You can send a copy of the letter by certified mail.When you mail it, you have to pay a small fee, but the mail carrier will get a signature from the tenant as proof of delivery.You can hire a delivery service to deliver the eviction letter to the tenant.This requires a slightly higher fee, but also provides a higher degree of certainty and proof.
Step 8: Make sure to read the lease carefully.
The written lease is the beginning of your relationship with your tenant.It's not possible to enforce something that isn't in the lease agreement between you.Before you start evicting your tenant, make sure that you are familiar with the terms of the lease and that it supports your reason for eviction.
Step 9: You can check state law or local regulations.
In addition to violating the lease agreement, a tenant may be in violation of some state law.There are laws in each state that govern landlord-tenant relationships.You should know the laws of your state.There is a site with links to landlord-tenant laws for all 50 states.
Step 10: Someone is talking with an attorney.
If you have doubts about your right to evict, you should talk to a real estate attorney.You need to be sure that you are following the law when evicting a tenant.You could cause the tenant to file a counterclaim if you step beyond your authority.The law places a higher burden on the landlord when you get into this business.
Step 11: You can talk to the housing board.
Many large cities have a governmental agency called the housing authority that sets local regulations.Moderate legal assistance is provided to landlords and tenants by the housing authority.The Boston Housing Authority has a website that contains information about landlords and tenants.
Step 12: Speak directly to the tenant about the reason.
If the reason for eviction is something that could be fixed, you may want to speak with the tenant.This is not a legal requirement, but it is a simple step to avoid turning something small into a large legal dispute.If your tenant is not maintaining the property in the way you want it to be maintained, you and the tenant may have different standards.The tenant may be able to correct the problem if you meet with them and explain your expectations.Writing your concerns in writing is a good idea.This is not an eviction letter.There is a written notice that you would like the tenant to correct.You will have evidence later if you put your concern in writing.A sample letter would say something like, "On my last visit to your apartment on November 30, 2015, I noticed some unacceptable damage to the living room rug and the wallpaper in the kitchen."I will be forced to evict you if these are not repaired quickly.
Step 13: Allow a reasonable amount of time for the tenant to fix the problem.
Don't expect the problem to be solved quickly.Allow a reasonable amount of time for the correction to take place when you present the tenant with your concern.If the tenant doesn't take care of things, you can issue an eviction letter.A few days is usually reasonable during this time period.There will be a requirement for a longer notice period when you submit your eviction letter.It's important to be clear and precise.Even if you can extend that date later, set a specific date.Your letter might say, "I expect the repairs for these problems to be completed by December 15, 2015."I will have to start eviction if they aren't done by then.
Step 14: You can try a professional mediation.
A mediation may not work if the reason for evicting the tenant is non-payment of rent.For a dispute that is not obvious, you may want to consider mediation.Alternative dispute resolution such as mediation is often successful in limiting legal action and costs.You can try to locate a mediation service by contacting your housing court or city hall.Many housing courts and housing authority offices offer free or low cost mediation services to resolve landlord-tenant disputes.
Step 15: Don't allow an unwanted guest to stay.
Many people in this situation might skip the obvious first step and take legal action.If you have a friend or family member who is staying beyond your invitation, you should simply ask them to leave.You can be nice, but you should be clear and firm about your expectations."I've enjoyed having you here, but I believe it's time for you to move on."Make plans to leave by next Friday.If your own children have not moved out yet, this applies as well.If you think it's time for them to move on and become self-reliant, you should have a conversation with them.
Step 16: Determine if there is a legal lease or tenancy.
It doesn't matter if the tenant is a friend or relative if you have a written lease agreement.You have to comply with local and state law regarding evictions.If you let someone stay in your place, they may have overstayed their welcome, without a written agreement.State law may still allow for a legal tenancy.If the friend or relative has contributed to living costs, food or utilities, this could be enough to create a legal tenancy.You need to talk to a real estate attorney.
Step 17: If a tenancy exists, proceed with legal eviction notices.
If you decide that a legal tenancy has been created or if you just want to be cautious, you should start the eviction process.Writing and delivering an eviction notice would be part of that.For 30 days at a time, you would treat the individual's tenancy as a month-to-month one.The amount of notice time you must give will be determined by this.
Step 18: Proceed with an illegal detainer hearing.
You present the facts to the judge and ask for an order for the individual to leave.You will need to prove that you are the owner of the property and that the friend or relative has no right to stay.The judge will issue a date for the friend or relative to leave the property if you succeed at the unlawful detainer hearing.If he or she does not leave by that time, you will be able to contact the local sheriff, show him or her the order, and the sheriff will remove the individual if necessary.
Step 19: Consider applying for a protective order.
If the friend or relative makes you fear for your safety, you can request a protective order.If applicable, a protective order can be granted without waiting periods.If you are successful in getting a protective order, you should proceed with formal eviction steps.Even though the individual is out of the house, you should still send a formal eviction notice.
Step 20: If you're sure there isn't a legal tenancy, you should engage in self help.
If you are certain that the person in your house does not have a legal right to stay, you can use self help to get them out.Changing the locks or moving his or her property to a storage facility are possibilities.If you choose to take these actions, be careful.You could be sued for wrongful eviction if you are wrong about the lease.The individual could charge you with damaging or losing any property if you engage in self help to remove property.When dealing with other people's property, you should keep an inventory and have a witness.