How to legally evict a tenant?

By Tenant

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

15 Responses to “How to legally evict a tenant?”

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

Len

March 13th, 2013 1:20 am

Can my landlord evict me if constantly complain about my neighbours?


Rita

March 13th, 2013 4:40 pm

Is the 30 day notice period applicable even if I did not have any lease signed?


Luciana

March 14th, 2013 8:00 am

My landlord gave me a 3 day grace period to pay my rent; can he evict me after 3 days if I can’t pay?


Cora

March 14th, 2013 11:20 pm

Can my landlord evict for some reasons that are not even stated on the lease agreement I signed?


Britany

March 15th, 2013 2:40 pm

Is it legal for my landlord to evict me for whatever reason as long as he gave me a notice?


Fanny

March 16th, 2013 6:00 am

Is there any way I can validate if the reasons for evictions are true or not?


Sharri

March 16th, 2013 9:20 pm

Is it costly to hire a lawyer for eviction?


Ty

March 17th, 2013 12:40 pm

Damn! I hate to go to court with this reason.


Cathern

March 18th, 2013 4:00 am

Is there any way I can sue my landlord for what he had done?


Cordelia

March 18th, 2013 7:20 pm

Can I ask for a refund or a pay for damages if ever I win the eviction case in court?


Tera

March 19th, 2013 10:40 am

Can my landlord evict me anytime if we do not have a signed agreement?


Kori

March 20th, 2013 2:00 am

In what way can I dispute my landlord’s “just cause” for eviction?


Brett

March 20th, 2013 5:20 pm

Any idea where I can find pro-bono lawyers for eviction cases?


Gabriel

March 21st, 2013 8:40 am

Thanks now I know what to do next time I get evicted.


Eura

March 22nd, 2013 12:00 am

Can I get a refund if my landlord evicts me before my lease ends?


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