How To Evict a Tenant

Know the valid reasons for evicting a tenant, which include nonpayment of rent, a violation of their lease, and creating a health or safety problem. Landlords do not need a reason to evict month-to-month tenants, and they can choose not to renew a tenant’s lease without giving a reason.

Don’t attempt to evict your tenant by force, or try to get them to leave by cutting off their heat or water, changing their locks, or tossing their possessions. These methods are all illegal.

Have your documentation in order, including a copy of the lease, written notices you have sent to the tenant concerning any problems, and any other proof of your claim, like bounced rent checks or photos of property damage.

Let the tenant know in writing that you are planning to evict them if they don’t pay their rent or correct a violation by a certain date. How much time you must give them varies from state to state.

If the tenant hasn’t addressed the problem within the time frame cited, file an eviction notice with the local court. If the tenant doesn’t respond within the time defined by the court, you win by default. If the tenant challenges the eviction, the case may go to a hearing.

If you win the case, a representative of the court – like a sheriff, marshal, or constable – will post a notice on the tenant’s door giving them a move-out date, at which time the tenant and their possessions will be forcibly removed from the premises by the court representative if they haven’t vacated on their own.

If the tenant wins, you will have to let them stay and pay their costs of fighting the eviction, in most cases. So be sure to follow the letter of the law before starting proceedings!