Eviction is the legal process through which a landlord can remove a tenant from a rental property. While eviction is a last resort for landlords, there are certain circumstances in which it may be necessary, such as nonpayment of rent, breach of lease, or illegal activity. In this article, we’ll outline the 5 steps to evict a tenant from your rental property, as well as some important considerations to keep in mind.
The first step in the eviction process is to serve the tenant with a notice to vacate. This notice specifies the reason for the eviction and gives the tenant a certain amount of time to remedy the issue or move out.
The amount of time the tenant has to vacate the property will depend on the reason for the eviction and the laws of your state. In some states, the tenant may have as little as 3 days to vacate the property for nonpayment of rent, while in others, the tenant may have up to 30 days or more. For breach of lease or illegal activity, the tenant may have a shorter period of time to vacate the property.
It’s important to note that the notice to vacate must be served properly, following the laws and procedures of your state. In some states, the notice must be served in person, while in others, it can be mailed or posted on the property. It’s a good idea to consult with a lawyer or a local property management company to ensure that the notice is served correctly. If your property was rented through RentFund we always provide our landlords additional support in this process and we understand it’s not easy.
If the tenant does not remedy the issue or move out by the deadline specified in the notice to vacate, the next step is to file an eviction lawsuit in court. To do this, you will need to file a complaint and pay a filing fee.
The tenant will be served with a summons and complaint, and will have the opportunity to respond to the lawsuit in court. It’s important to note that the tenant has the right to contest the eviction and present their own evidence and arguments in court.
The next step in the eviction process is to attend the court hearing. At the hearing, you and the tenant will have the opportunity to present your case to the judge. You will need to provide evidence to support your case, such as copies of the rental agreement, rent payment records, and any relevant documentation. RentFund will make this easy for you to access all these details without having to scramble around or being unsuccessful retrieving these details.
The tenant will also have the opportunity to present their case and any evidence they may have. It’s important to be prepared and organized when presenting your case in court, as the judge will make their decision based on the evidence presented.
The judge will then make a decision on the eviction case. If the judge rules in your favor, they will issue a judgment in favor of the landlord and order the tenant to vacate the property. If the judge rules in favor of the tenant, the eviction case will be dismissed and the tenant will be allowed to remain in the property.
If the judge has ruled in favor of the landlord and ordered the tenant to vacate the property, the next step is to execute the judgment. This involves requesting that the court issue a writ of possession, which allows the sheriff to physically remove the tenant from the property.
The sheriff will serve the writ of possession to the tenant, and will set a date for the eviction. It’s important to note that the tenant has the right to appeal the eviction judgment, but the appeal must be filed within a certain period of time, which is typically 5 - 10 days.
On the day of the eviction, the sheriff will supervise the removal of the tenant and their belongings from the property. The tenant is required to vacate the property by the time specified in the writ of possession, which is typically within 24 hours.
It’s important to note that the eviction process can be stressful and emotional for both the landlord and the tenant. It’s a good idea to have a plan in place for the eviction, such as arranging for movers or storage for the tenant’s belongings.
It’s also important to remember that the tenant has the right to remove their personal belongings from the property, but they are not allowed to remove fixtures or appliances that are part of the rental property. The tenant is also responsible for leaving the property in a clean and undamaged condition.
Once the tenant has been removed from the property, the final step is to change the locks on the doors. This will prevent the tenant from returning to the property and ensure the security of your rental.
It’s important to note that the eviction process can be complex and time-consuming, and it’s important to follow the laws and procedures in your state to ensure a smooth and successful eviction. If you are unsure of the eviction process or have any questions, it’s a good idea to consult with a lawyer or the RentFund support team for assistance.
Having to go through the eviction process with a tenant is never something landlords want to do but in some cases they have to do it. It’s important to think about the tenant in the property, most likely they have no other home or family in the area and that could mean they are going to be homeless. Sometimes trying to find a solution for the tenant in where they can go or what they can do given their situation can be extremely helpful and show that you care. Even when you are in a tight spot as a landlord, people are more important than money and it’s our mission at RentFund to serve people and care for them like they are family.