How to Evict a Tenant


How to Evict a Tenant. Take pains to remove a renter from your property
legally, or you could find yourself on the wrong side of the law. You will need Knowledge of your state laws
A valid eviction reason Documentation of wrongdoing A written notice of eviction A court order
of eviction and a posted eviction notice. Step 1. Contact your county clerk’s office to check
the laws governing eviction proceedings in your jurisdiction. If you are managing government-subsidized
housing, follow the eviction rules established by the U.S. Department of Housing and Urban
Development. Step 2. 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. Step 3. 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. Step 4. 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. Step 5. 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 you are evicting a month-to-month tenant
without cause, make sure you are giving the advance notice required by your state, which
can be anywhere from 20 to 90 days. Step 6. 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. Step 7. 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. Step 8. 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! Did you know The number of cases landlords
filed in New York City for back rent rose 19 percent in the first two months of 2009.

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62 thoughts on “How to Evict a Tenant

  1. Fortunately, if you have all your paperwork in order, it's really hard to lose a court battle. Most of the time the tenants don't even show up to court.

    The only problem with this is time. If they're not paying rent, it can still take a few months to get them out, which means they're living there on your dime. However, this also means that throwing their junk onto the front lawn when the eviction comes is all the more satisfying.

  2. You can just hope that it rains that day when you throw his stuff outside so his tv will be broken and all other electronics ruined 🙂

  3. XD Unfortunately, I've never had that joy. Every eviction I've ever done has been bright and sunny, even if there was snow on the ground.

  4. My dad did once oh hell yes I should of put that on youtube.The police were called and if it were on tv it would be all bleeps.

  5. What the Hell?They can stay in your house that YOU own and PAY WITH YOUR OWN MONEY for?What the Hell has this country come to kick there sorry asses out.

  6. @crazywanch101 They made a contract or what you would call a deal. You can't just kick someone out for no reason after THEY PAID their OWN MONEY to LIVE THERE which you AGREED to.

  7. HAHA im sueing my landlord for 500,000 for breaking all these laws, and for your info, jugdes will always favor a tenet b4 the landlord.

  8. If you're going to rent out rooms or apartments, it pays to draw up all the requirements in a contract beforehand.

    Most landlords I know require credit checks, proof of employment, etc.

  9. If the tenant refuses to leave after he has been given 30 day notice to vacate(because he hasnt paid 3 mo. rent) can I move in to the house while he is still there?

  10. My parents paid rent in a house that they lived for 33 years in. After all those years they moved out of the city & my Dad passed away 2 years later.
    But all that money in rent they did pay? Gone w/nothing to show for it & probably paid out much more then the owners did when they bought it!
    People buy a house to live in & forget about renting because you will be money ahead!

  11. I live in an apt most of my adult life anf have paid my rent on time all of the time. Back in 2007 I rented a townhouse in a townhouse community and because of the economy taking a downturn my hours at my job were cut and I fell a month behind in rent. The property manager apparently did not know about tenant/landlord laws and called all the time, harrassing me, posting signs all over my walls and door saying "Tenant does not pay rent!" in front of all my neighbors.

  12. I came hone to find those signs on there and so I called the police and she was forced to take them down but not before I videotaped them. I got a temp second job and got the rent caught up but she was served a restraining order forbidding her from coming within 100 feet of me or the townhouse that I was living in. The maintenance man could but not her. She was not allowed to even drive by it.

  13. what is the next step when a tenant does not respond to court summons etc., you say in step 7 "the sheriff posts a notice on the door". How will the sheriff know to do that? do you have to go back to the courts or Sheriff and inform them that the tenant lost by default and that you want them to come out and evict the tenant? is there another form to fill out? do you see a judge in court? or they come out and evict him after failing to respond automatically?

  14. Not bad advice, but if you have no clue what your doing you might just call an attorney. We have some in our area that will handle the eviction for 50 bucks.

  15. the way I have seen used. Go to a neighboring town, hit the bars and get a couple of the biggest, meanest looking guys you can find. Have them bang like hell on the door late at night. When the deadbeat answers, they will announce that they are the new tenants and you have three days to get out. Repeat until desired results are achieved. Costs a couple hundred, faster then the courts.

  16. wait a sec you own the land but if you fail a trial the guy you want to evict gets to stay on YOUR land for free and you have to pay for him?!? WHAT A RIP OFF BOOT HIS ASS OFF YOUR PROPERT :O

  17. i have guests that wont leave. i pay rent and all the bills they pay nothing and are not on any paper work, how do i get rid of them

  18. just hire a thug! To break , in to that house, and pour bleach all over therlclothes, there get the hint to move, low life's dont wanna pay the land lord

  19. What about people that have roomates with no written agreements? My mother (MISTAKENLY) moved in her younger (42 yr old) sister to help with the bills. This woman is a manipulator. They never had a written agreement, but she decided to started skipping work days to travel 2 hours where her friends were to smoke pot. She paid my mother very little and only worked part time at home depot, while receiving unemployment. I wishthere were better options for my mother. Think twice about roomates!

  20. what if there was no contract? like i just let the person stay because he's a friend of a friend? he does pay rent but, is almost 2 payments behind!! how long do you give a person to move out?? a week? 48hrs? since there was no type of contract, i can just tell him to leave right??? this person does construction (so work is off and on) and has to pay child support so any job he gets they take half of his check off the top. I have to problems/issues with tenant but, he never pays on time.

  21. I am the owner. My tenant just came back (got out if jail) and seen the notice. He txt me "i saw your bullshit on the door now what?" What an idiot. I hope he don't give me trouble…….

  22. that's why i have no credit acrd of dealing shit with bank .. cus banks only steal from you instead of keeping ur money safe. so fuck the bank fuck the rules of the bank.. and fuck the worker.. of the banks.. and fuck who ever Invented the bank.. no brain shitlicker.

  23. being evicted is not nice fancy sitting in the cold when its raining or snowing and no one will let you stay with them its hard searching for a place 2 stay but people think when i got my rent money i spend it or fight or make nose fight drink drugs they dont think about the dangers it could course when people go some where dont they feel the cold or the rain snow in the winter its hard losing your home with no one around is not nice and sleeping in a card board box is awful

  24. can my friend be evicted for insulting his landlord behind his back? him and I were joking around and he used the nickname "Mrs. Doubt fire" because of how he wears women's clothing. I guess the walls there are thinner than first thought.

  25. Heres how a real eviction works; step 1) landlord goes to court Step 2) you get evicted no matter what even if you have a MAJOR reason against your landlord (such as they breeched contract first) Landlord wins 99.9999999% of the time so take my advice, get your parents to help you buy a house you can NEVER be evicted from a purchase!

  26. Go through the courts, it will take about 3-4 months. You're best bet is to make an agreement with a tenant who won't pay to move out on their own, without going after back rent (which it's nearly impossible to get anyway, even if you win in court.) The WORST thing  you can do is shut off utilities or take their property. If you do that and the tenant sues, you'll lose every time. If shutting off the utilities puts them in danger, it is even possible you could go to jail. Just go through the legal process, no matter how slow and tedious it is.

  27. One month notice should be more than enough to find a place for yourself. And the owner has the right to move in after that…after all it is his place & he pays mortgage for that place. Tenants taking advantage is so common & it is outrageous.

  28. @SoCoolScienceShow How about if you have evidence that the landlord failed to make repairs in the unit, can you still be evicted??

    And also landlords don't need a reason to evict you (applies to Month to month tenants and as long as it's not a discriminatory issue such as race, religion etc….)…but I do believe in some state they can give you up to 6 months, if i'm not misaken, am i right??

  29. I'll tell you another way to get them out.Send about 100 biker motorcycle club down there and that will settle it.

  30. I used a local magistrate and was granted a eviction for non payment of rent after the tenant perjured herself.

  31. In Ontario, Canada tenants have more rights than landlords. A tenant can live rent free for three months before being kicked out, and even still it’s a lengthy process.

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  33. What if I have taken a homeless person. But he was using drugs do I have the right to evict him personally? Or should I go to the police?

  34. i had a low life middle class criminal landlord put my stuff out side i called the cops they made him put my stuff back in the apartment and i won in court becaue he rented me an illegal room in his illegal rooming house

  35. So if I buy a new house and I want to move in to live in there because I have no other place, that wouldn't be a valid eviction reason to get the tenant out of my house ?

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