Giving Eviction Notice and a Typical Eviction

Author : Kevin KieneNo landlord enjoys going through the eviction process with their tenants; it’s expensive, time-consuming, and generally far more confusing and complicated than it should be Each state has their own eviction laws, which only adds to the confusion, but there are certain common threads between all states A typical eviction in most states looks something like this:

Step 1: Serving the Tenant with a Notice
Tenant Joe owes Landlord Adam $800 on the first, but has a ten day grace period On Day 11, Landlord Adam serves Tenant Joe with a notice, informing him that he has X (usually 3-14, depending on the state) days to pay the rent, or Landlord Adam will file for eviction in court Please note that each state usually requires specific legal language in these eviction notice forms, so make sure you use a state-specific eviction notice

Sometimes it’s not rent money that’s the problem, but some other violation In this case, there’s usually a different eviction notice that must be served on Tenant Joe, that lists the specific rental agreement violations Tenant Joe will have a period of time in which he can correct the rental agreement violation (just like with the late rent eviction notice), after which time Landlord Adam can file for eviction if the violation hasn’t been fixed

Step 2: File in Rent Court for Eviction
Tenant Joe still hasn’t shaped up, so Landlord Adam now needs to file an official eviction complaint with the local courthouse Beware: each state has a different eviction complaint form, and sometimes different counties or municipalities have THEIR own forms, so make sure you use the right forms Finally, some states require you to send copies of the eviction complaints to the tenant as well

Step 3: Eviction Hearing in Rent Court
Now, Tenant Joe has a chance to speak up in court, and deny Landlord Adam’s claims against him The court will set a hearing date, which Landlord Adam (or his attorney, or his agent) must attend, and explain why he wants to evict Tenant Joe

Step 4: The Eviction Date
Assuming the judge ruled in favor of Landlord Adam, the case is referred to the sheriff’s office, and the sheriff will set an eviction date When the eviction takes place, the sheriff, Landlord Adam (or his agent), and any contractors or laborers hired by Landlord Adam will show up and enter the property Hopefully, Tenant Joe has either brought the rent current or has vacated the property by this point, but if his belongings are not out, they are removed, and Landlord Adam changes the locks Be forewarned, though, that some states restrict what Landlord Adam can do with Tenant Joe’s leftover belongings (some states even require landlords to rent a storage locker for them!), so make sure you know what your state’s laws are regarding leftover personal property

From there, it’s all clean-out, repairs, screening new tenants, and signing a new rental agreement If you choose to file the eviction yourself instead of hiring an agent, be very careful to follow your state’s eviction laws, and see the resource box below for some information about state-specific eviction notice laws and forms Kevin Kiene manages a website for landlords that offers customizable, state-specific rental agreement forms, along with state-specific eviction instructions and eviction notice forms.

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