Real Estate Community Forum

I have rental property and my tenant refuses to leave even though they are two months behind on their rent. They tell me they will send me the balance owed as soon as their mother sends it in the mail, but it has not come in yet. I have been very understanding, but my patience has run out. I am ready to evict them as soon as possible, but I don't know what procedures I need to follow. Can anyone help me on this topic? Do I have to pay for any legal paper work? How long does it take for the tenant to be informed they will be evicted and how long do they have to get out once they have been served?

Below are some pointers to help you but please keep in mind states vary in the procedures that need to be followed to comply with the law.


1. Determine valid reasons under local laws for evicting the tenant, such as failure to pay rent, repeated violations or the breach of a lease clause.

2. Give the tenant adequate written notice that you are terminating his or her tenancy, following state and local eviction procedures.

3. File a lawsuit to evict the tenant if the tenant does not move or correct violations after receiving a termination notice.

4. Realize the tenant may mount a defense against your eviction lawsuit, possibly increasing the time of the eviction process.


COMMENTS
If you win the eviction lawsuit, most states require that tenants receive a written notice to vacate the premises, delivered and served by a law enforcement officer.

Landlords who know their legal rights and comply with local landlord-tenant laws stand the best chance of successfully evicting a tenant.

Consult with local rental housing authorities or a knowledgeable real estate attorney about proper eviction procedures under your state and local laws.

Comply exactly with local and state eviction procedures to avoid costly delays or mistakes in the eviction process.

Avoid taking illegal actions against a tenant, including "self-help" eviction measures like changing the tenant's locks, physically removing the tenant's possessions, or taking retaliatory actions against the tenant.

Good Luck!