Want to know how the eviction process works? Although every state’s laws are different when it comes to eviction, they all follow a common theme.
The general steps include (in this order) preparing the eviction notice, serving the notice, filing a complaint, going to a hearing, and then removing the tenant. Most landlords do not get to the last few steps because the tenant will voluntarily leave at some earlier point.
The helpful infographic below will help you understand the basic steps of the Eviction Process. When you are done, be sure to check out your state’s specific eviction laws and procedures.
The Landlord Guidance Eviction Process
5 Steps for a Landlord to Remove a Tenant
…But First…
Where do Eviction Laws Come From?
- Your State’s Property Code
Every State has its own property laws, and thus its eviction laws. Your state’s legislature has passed landlord-tenant laws that regulate how to evict a tenant.
- Judge’s Rulings
Judges make rulings on disputes which affect the way the eviction laws are implemented.
Reasons To Evict a Tenant
- Failure to Pay the Rent
This is the most common reason for Eviction
- Damaging the Property, Criminal Activity, etc.
Most States allow you to evict for these reasons
- The lease is up and you don’t want theme to renew
Or if a tenant is on a month-to-month, you need to give them a notice to leave
Step 1: Prepare Your Eviction Notice
At the core of the eviction process lies the meticulous preparation of an eviction notice. Each state imposes unique requirements, and an improperly crafted notice can impede the eviction process. Access your state’s specific form on our Eviction Forms page to ensure accurate documentation.
Step 2: You Must “Serve” Your Eviction Notice
Ensure compliance with your state’s Eviction Process Laws when serving the eviction notice:
- Personal Delivery to the tenant. It is usually good to bring a witness with you.
- Taping the Notice to the Front Door, Many states allow this
- First Class Mail or Certified Mail. Sometimes you must send it both ways.
Step 3: Tenant Still there? Time to sue for Forcible Entry and Detainer
If the tenant persists after the notice period, the next step in the eviction process is to file a forcible entry and detainer lawsuit. The court issues a summons and complaint, officially notifying the tenant of the legal proceedings and scheduling an eviction hearing.
Step 4: Go to Court for your Hearing
The Judge
The judge will examine all the evidence, listen to each side of the story, and decide of the eviction is valid
Landlord
If landlord wins, tenant is given specified amount to move out.
Tenant
If tenant wins, then tenant can stay, usually subject to conditions
Step 5: Still not out? Time to Get the Sheriff Involved
For situations where a tenant remains unyielding post a successful eviction lawsuit, landlords must initiate the final step in the eviction process: applying for a Writ of Possession. The court then directs the Sheriff or Constable to issue a final warning, followed by the physical removal of the tenant if necessary.
Mastering the Eviction Process
In closing, mastering the eviction process is a vital skill for landlords. Whether it’s understanding the origins of eviction laws, recognizing valid reasons for eviction, or following the precise steps involved, this guide equips landlords with the knowledge needed to navigate the eviction journey successfully. Remember, each state has its own nuances, so be sure to refer to your specific state’s eviction guidelines for a tailored approach. With this insight, landlords can confidently address tenant-landlord disputes, ensuring a fair and legally sound eviction process.