How to legally evict occupants?

By Tenant

Legal occupant by definition is someone who has the legal right to stay or live in a rental property that is often backed with a lease agreement. Legal occupant who is unable to pay his rent and his other obligations can frustrate a landlord and may cause the landlord to evict him out of his rental unit.  By the time the tenant is evicted, he would be asked to go to court for the matter. By doing so the judge will determine if the process of eviction was done legally and who must pay for whom.

Here are some steps to follow to evict a legal occupant.

  • Notice to quit. Before filing for an eviction case to the court, landlord must give a notice to quit to the tenant. Notice to quit usually comes with a 30 day or 60 day grace period (depends on your state law). You can check your state law for the number of days though.
  • File a lawsuit. After serving a notice to quit to the tenant and the grace period is up but still the tenant refuses to move out, then that is the time a landlord can file an eviction case at the local courthouse. The eviction papers must contain the complete name of the tenant and the address plus a detailed reason why the tenant must be evicted from the rental unit.
  • Pay the fees. After filing the case the landlord must pay for the filing fee, which varies by jurisdiction. Once the paperwork is submitted and payments were made the court clerk will now schedule a hearing date and time. The court will now then serve the notice to the tenant to let him know that an eviction case was filed against him.
  • Wait. After a verdict is made, the landlord must wait for the mandatory number of days ordered by the court for a tenant to leave the property. If still he won’t leave then you can call the sheriff to have him removed from the property.

Edited on: Friday, March 22nd, 2013 1:38 am

16 Responses to “How to legally evict occupants?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Wilber

March 22nd, 2013 1:40 am

1. Can I ask the judge to let my tenant reimburse me for the fees I made during the filing of the case?


Luci

March 22nd, 2013 12:00 pm

2. If the landlord is filing a lawsuit for no apparent valid reason


Rosia

March 22nd, 2013 10:00 pm

3. Landlords should follow the steps to properly and legally evict a tenant.


Sueann

March 23rd, 2013 8:00 am

4. Is it legal for my landlord to give a 10 day notice period to vacate the property? I am on a month-to-month lease.


Rosina

March 23rd, 2013 6:00 pm

5. How much is the filing fee?


Alfredo

March 24th, 2013 4:00 am

6. Any idea how can I win the eviction case filed by my landlord?


Wanita

March 24th, 2013 2:20 pm

7. Can I still stay at the rental unit up until the eviction case is over?


Brittaney

March 25th, 2013 12:20 am

8. Can my landlord force me to vacate the apartment even though the eviction case in not even done yet?


Vera

March 25th, 2013 10:20 am

9. I hate dealing with eviction cases.


Emanuel

March 25th, 2013 8:40 pm

10. I am not late in paying my rent and I never violated my lease but my landlord filed an eviction case against me. Is he allowed to do that?


Forest

March 26th, 2013 6:20 am

11. I have been paying my rent 2 months in advance


Christian

March 26th, 2013 4:20 pm

12. Once the landlord gave a notice of eviction and you did not violate your lease nor paid rent late then you can file a lawsuit or a complaint against your landlord.


Karmen

March 27th, 2013 2:00 am

13. Is there a cheap way to file a complaint against my landlord?


Chase

March 27th, 2013 12:00 pm

14. Does anyone know where I can find some pro-bono lawyers to represent me in court?


Mauro

March 27th, 2013 9:40 pm

15. It is best to keep all receipts for the rent you paid every month so that you can have a proof to show the court if ever your landlord evict you because of allegations of being unable to pay rent on time.


philly landlord

July 2nd, 2013 2:33 pm

wilber are you aware of insurance that covers not only the costs of evicting a tenant but also the actual loss of rent during the process ?


Close


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Virginia Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.