How To Evict a Tenant

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Take pains to remove a renter from your property legally, or you could find yourself on the wrong side of the law.

To complete this How-To 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
A posted eviction notice

Step 1: Check your local laws

Contact your county clerk's office to check the laws governing eviction proceedings in your jurisdiction.

Tip: 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 your rights

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 evict on your own

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 a paper trail

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: Give them fair notice

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.

Tip: 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: Go to court

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: Post a notice

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: Cover their cost

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!

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[countrypoop]

You will need:

a gun

[myentourage]

its so hard to throw someone out of something you own. Its amazing, if someone is paying rent it can take up to 6 months to get them out. The laws were meant to protect renters but they have gone overboard. The property owners need some laws changed to help them.

Dont pay your rent, get out!

[talltom1973]

Section 8 landlords, get what they deserve.  They destroy neighborhoods

[MrCyaltrbye]

@bAmpersand spoken like a true renter.

[remastered1950ford]

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

[sirMAXX77]

heh. having 30 day leases is pretty sweet :)

[TehFunnehMann]

@XThecousinofdeath Why are you such a nasty fuck that you can't have respect for other people's past experiences. Some people are effected horribly by the economy. I sicerley hope you kill yourself. I am not kidding, jump off of a bridge and die.

[LordOfKnights00]

This process takes over a year...

[cornishrob123]

asured short term tenantcy no reason at all how shit

[TehFunnehMann]

Why don't you title this on how you greedy fucks really want to: How to Ruin Someone's LIfe.

[tribaldonkey69]

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

[Negative365]

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