How to legally evict a tenant?

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It is a very rough experiences to both the tenant and the landlord themselves, having to deal with an eviction. But when it comes to tenants not paying their due rent, caused damages to the rental property and is becoming a problem to other tenants living in the neighborhood it became a very big issue at hand of the landlord.



Eviction process differs in different state. In order for a landlord to legally evict his tenant, he must follow a procedure set forth by the state and is found on the Landlord Tenant Laws in every state.  Here is a list of the proper procedure the landlord must follow in order to legally evict his tenants.

  • Must be in accordance to the state laws. In order for a landlord to evict someone who is renting in his unit, he need to check the state laws to decide on what grounds he can evict his tenants i.e. the tenant is not paying rent or exhibits improper conducts.
  • Give a notice period. To properly evict a tenant the landlord must provide a notice or a grace period beforehand. It must be still in accordance to the state regulations for example in the state of California; a 3-day notice is given to tenants to pay their rent to those who failed to pay his rent. Also a 30-day or a 60-day eviction notice must be given to every tenant who will be evicted.
  • File a lawsuit. After the 30-day or 60-day eviction notice and still the tenant refuse to leave the rental unit, the landlord can file a lawsuit against his tenant through his lawyer.
  • Wait for the court decision. Lastly after filing a complaint for eviction the landlord must wait for the law and the eviction case to run its course. It may take several months if ever the tenant puts up a fight and appeal in court.

Edited on: Wednesday, March 13th, 2013 1:12 am
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