how to evict tenants without a lawyer

1. Give sufficient notice. Your state law will tell you how much notice you must give the tenant. ...
2. Provide notice in writing. You should type up the Notice to Quit and keep a copy for your records. You must also properly serve the notice.
3. Do not forcibly remove the tenant. You cannot forcibly throw someone out of the apartment, even if there is no rental agreement.
4. File a petition with the court. You will need to complete a petition to evict the tenant. Your courthouse should have a form for you to fill out.
5. Attend a hearing. If the tenant wants to fight the eviction, then you will need to attend a hearing before a judge.

Full Answer

What happens if a landlord evictions a tenant without an attorney?

Worse, a landlord who evicts a tenant unlawfully can be subject to costs, damages, or both. A landlord who chooses not to hire an attorney will need to prepare and file the requisite pleadings in the appropriate court, pay the court filing fee, and effectuate proper service.

How to evict a tenant successfully?

Evicting a tenant is something that most landlords have to do at one time or another. To successfully evict a tenant, be sure to understand your local laws, and follow the correct eviction process for your jurisdiction.

Where can I find a lawyer to evict someone from my house?

Depending on the size of the market your rental property is located in, there may also be attorneys who specialize in residential evictions for a flat fee. Your property manager or local real estate investing group are two good sources for finding a real estate attorney. You can also search online using websites such as LawInfo.com and Avvo.

Is it legal to remove a tenant for no reason?

It should go without saying that you must have a solid legal reason to remove tenants. You don’t simply want sneaky ways to get rid of bad tenants; you want creative and LEGAL recourse. Discrimination, retaliation, and reasonable nonpayment do not meet the legal or ethical standard.

How to evict a tenant?

Steps to Evicting a Tenant: Talk to your tenant about the issue. Give the tenant a written eviction notice (if required). File an eviction action with the appropriate court. Attend the hearing. Appeal the ruling (if the court doesn’t evict the tenant). While some tenants may push you to the edge of reason, it’s important to understand how ...

What are the reasons to evict a tenant?

In most states, any one of the following is a valid reason to evict a tenant: Violating the terms of a written lease/rental agreement. Failure to pay rent when due. Material health/safety violations. Involvement in illegal activity on the rental property.

What is the next step in the eviction process?

The next step in the eviction process is to deliver a written eviction notice to your tenant — but only if this is required in your state. Some states require this if you’re attempting to remove a squatter, as well.

What happens if a tenant violates the lease?

If a tenant has violated the rental agreement/terms of the lease, you may be able to avoid costly eviction litigation if the tenant is willing to work with you. For example, let’s say your tenant has too many people living in the rental unit according to the rental agreement/lease.

How much notice do you need to evict a tenant?

In some states, landlords are only required to provide their tenants with 24 hours’ notice, while in others, landlords could be required to provide 30 days’ notice or more. Read more.

What to do when you are not home?

This is when you as the landlord or property owner: Change the locks without telling your tenant (s) Remove your tenant’s belongings from the rental unit when they’re not home. Shut off your tenant’s utilities for the sole purpose of forcing the tenant to move out.

How long do you have to pay rent before eviction?

For example, the notice only gave your tenant three days to pay past-due rent, but your state’s laws say tenants have 14 days to pay past-due rent before an eviction action can be filed.

Why Do Landlords Have to Evict?

No landlord wants to evict a tenant, but sometimes there is no other choice. Landlords who wait too long to evict a tenant can see cash flow quickly decline and potentially thousands of dollars in property damage caused by a bad tenant.

How to Evict a Tenant

While the exact process for evicting a tenant varies by jurisdiction, there are typically eight steps to follow to evict a tenant:

Important: Eviction Laws Vary by State

The exact process for evicting a tenant varies with each state, and often varies across individual cities within the state. There are several ways to learn more about the specific state landlord-tenant laws and your local eviction process.

How to Remove a Tenant Without Evicting

The average cost of a residential eviction can easily run several thousand dollars or more from start to finish, according to research from SmartMove and BiggerPockets.

What are the reasons for eviction?

Lawful reasons to evict a tenant 1 Illegal drug use 2 Property damage 3 Breaking rental contracts or agreements 4 Refusal to pay rent 5 Not paying required utility bills 6 Unauthorized pets 7 Expiration of the lease 8 Health or safety violations 9 The property is being removed from the rental market 10 The owner is moving into the property

Why does an eviction take longer?

These types of evictions generally take longer since the tenant had a valid contract with the previous owner of the property. If you didn’t make an agreement with the tenant to move before you acquired the property, then you’ll need to do the following:

What is a notice to quit?

A notice to quit is an official way to let a tenant without a lease know when they must leave the property. If a tenant has a lease and refuses to leave after the contract period ends, the lease ending is generally considered to be a notice to quit.

How long do you have to give notice to quit a tenant?

If the tenant isn’t paying the rent according to the agreement, you may give them a 14-day notice to quit window. With these types of tenancy, you’re not required to provide them with a reason to leave other than you’d like the tenancy to end.

How to prevent tenant overstaying welcome?

One essential step to prevent such situations is to conduct a thorough screening of tenants during the application process.

What does a landlord pay for a flat fee?

In this process, the landlord will pay a flat fee to the tenant in exchange for their keys to the property. This can often entice reluctant tenants to leave quickly. This method is a good alternative to bring about a resolution without the need to go through the court process.

What is a tenant screening service?

Our tenant screening services allow you to make an informed decision on tenants, minimizing the risk of problems arising. If you’d like to learn more about the types of reports we offer, give us a call at 800-523-2381. Landlords Property Managers Contact TSCI.

How to evict a tenant in Texas?

1. Take the order to the sheriff. If you win at the hearing, then you should take the judge’s order to the sheriff’s department. The sheriff will then notify the tenant and tell him or her the date on which law enforcement will show up to evict them.

How to fight eviction notice?

If the tenant wants to fight the eviction, then you will need to attend a hearing before a judge. As the landlord, you will go first. Explain to the judge the reason for the eviction and when notice was given . Ask the judge if he or she wants to see your copy of the Notice to Quit. The tenant will go next.

What is it called when a tenant is not a tenant?

A tenant without a rental agreement is called a “tenant at will. ”. This type of tenant has few legal protections, and landlords can evict if they follow the procedures established by the state. If a landlord has legal questions, then he or she should meet with a lawyer. Steps.

How much notice do you have to give to a tenant in Maine?

Your state law will tell you how much notice you must give the tenant. In Maine, you must give the tenant either a 30-day or 7-day “ Notice to Quit.”. If you give a 30-day notice, then you do not need a reason for the eviction. If you give a 7-day notice, then you will need to state a reason.

How to get a rental agreement?

1. Confirm that you have no written lease. Make sure that you didn’t execute a written lease but forget about it. Most state laws provide greater protection to tenants who have rental agreements. Check your emails also to see that you didn’t create a rental agreement through email.

What to do if tenant damages apartment?

If the tenant damaged the apartment, then you can bring a suit to recover for the damage. Walk through the apartment and take photographs of any damage. You cannot recover for normal “wear and tear.”. Nevertheless, if the tenant cause more serious damage (like a hole in the wall), then you should document it.

Can you evict someone in Maine if they have not paid rent?

For example, if you want to evict someone in Maine because they have not paid their rent, then you need to include the following language: “If you pay the amount of rent due as of the date of this notice before this notice expires, then this notice as it applies to rent arrearage is void.

How long does it take to evict a tenant in Washington?

Timeline. Evicting a tenant in Washington can take about 1 to 3 months (or longer) depending on the reason for the eviction. If tenants file an answer or request a jury trial, the process can take longer ( read more ).

How long do you have to give notice of eviction?

Regardless of the length or type of tenancy, landlords are required to provide the tenant with at least 20 days’ written notice prior to beginning an eviction action. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

What happens if you stay in a rental unit in Washington?

In the state of Washington, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

How long do you have to give a tenant a notice to quit?

For non-curable lease violations, including criminal activity, waste, nuisances on the rental property, and unlawful businesses, landlords must give tenants a 3-Day Notice to Quit. In these situations, tenants do not have the option to correct the violation and must move out by the date listed on the notice period.

How long does it take to get a summons to move out?

If the tenant fails to file an answer, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will be required to move out without having the opportunity to attend a court hearing. 7-30 days. Tenants have 7-30 days after the summons is issued to file their answer with the court.

How long do you have to give notice to tenants for a violation of a lease?

Landlords have two options when it comes to lease violations. For curable, or correctable, violations, landlords are required to provide tenants with a 10-Day Notice to Comply, giving tenants 10 days to correct the violation in order to avoid eviction.

How long does it take to pay rent if it is past due?

Once rent is past due, the landlord must provide a 14-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 14 days in order to avoid eviction.

How do you get into a no lease situation?

The most popular way a landlord can get in this situation where a tenant has no lease is renting to a relative or a friend. These agreements are also called having a verbal lease.

Can you evict a tenant without a lease in California?

The short and quick answer is yes. In fact, they don’t differ too much from the regular eviction process. Just as in the typical eviction route, it all starts on how the agreement was violated. After all, at the end of the day, even without a lease, there are still landlord-tenant laws that must be followed.

How to evict a tenant without a lease

The first thing we must keep in mind is that landlords shouldn’t do anything illegal! Remember that evicting a tenant without a lease is a very similar process to a tenancy with a lease. Going the self-eviction route usually doesn’t end well for landlords since making mistakes along the way can cause massive delays and cost a lot of money.

What happens after 30 days notice?

Then after the 30-day notice, Landlords have the right to approach the court for the eviction process. Landlords can decide to lease a rental property or a real estate property to the tenant or renter without a written formal lease agreement.

Is it hard to evict a tenant?

In this case, eviction is somewhat difficult, granted you will have to confirm that there were no rental terms before now and that there is no document as regards that before you you engage in an eviction lawsuit. Evicting a tenant, in this case, can be difficult, so make sure there is no such agreement landlords need to give attention to the rental agreement.

What is evicting a tenant?

When we talk about evicting a tenant, that tenant is typically guilty of one or more of the following: Failing to pay rent without legitimate cause. Engaging in unruly behavior at the property. Engaging in illegal activity on the property.

Who will meet with you to execute an eviction?

Should your problem tenant choose to do so, they may present their side as well. If the judge grants you a “set out,” the bailiff, landlord, and movers will meet at the property to execute the eviction and remove the tenant. In some cases, landlords may contact authorities to be present for this step. Use your judgment.

What is phase 1 eviction?

Phase 1. If you’re looking to evict, your tenant must have done something wrong. There’s a difference between tenants you don’t like and truly bad tenants. It should go without saying that you must have a solid legal reason to remove tenants. You don’t simply want sneaky ways to get rid of bad tenants; you want creative and LEGAL recourse.