what should a lawyer do to evict a tenant

How to Evict a Tenant: The Step-by-Step Eviction Process

• Step 1: Post or deliver the eviction notice. The first “legal” step in evicting a renter comes in the form of...
• Step 2: File for eviction. After the minimum number of days have passed, as defined by the notice you served, it’s time...
• Step 3: Serve the lawsuit. Once the lawsuit has been filed in court and the...

Full Answer

Do I need an attorney to stop an eviction?

How to Evict a Tenant. 1. Review applicable landlord-tenant laws. Before beginning an eviction, make sure that the law is on your side: 2. Have a valid reason for evicting. 3. Reason with the tenant. 4. Serve a written eviction notice. 5. Sue for an eviction.

How to evict a tenant successfully?

Mar 11, 2022 · You should send the eviction letter to the tenant a certain number of days before the eviction date. It is usually 30-days prior but checks your local state laws. The notice should be delivered to the tenant’s doorstep as well be sent as an email. Make sure to get a receipt of it from the Post Office as well. Step 3: File Eviction With the Courts

When to talk to your landlord about an eviction?

Apr 16, 2021 · How to Evict a Tenant: The Step-by-Step Eviction Process Step 1: Post or deliver the eviction notice. The first “legal” step in evicting a renter comes in the form of... Step 2: File for eviction. After the minimum number of days have passed, as defined by the notice you served, it’s time... Step 3: ...

What do you need to know about an eviction notice?

Send a formal eviction notice by certified mail. This can be either a Pay or Quit Notice, a Cure or Quit Notice, or an Unconditional Quit Notice, depending on the situation. 4. File a lawsuit. If your tenant does not comply with the written notice, you'll need to sue. You can either handle this yourself or hire an attorney.

What is the fastest you can evict a tenant?

If the tenants violated the lease or rental agreement and the violation can be fixed, the landlord often issues a three-day perform covenants or quit. If the tenants can't fix the violation, the landlord issues a three-day notice to quit. Other options for notice include a 30-day or a 60-day move-out notice.

How much does an eviction order cost in South Africa?

An unopposed eviction will cost you, as owner, at least R10 000.00 to R 15 000.00 and an opposed application more than R50 000. However you can reclaim these fees from your ex-tenant, as well as the outstanding rent money (If he has any).

What is the fastest way to evict a Tenant in South Africa?

How do I evict a tenant who doesn't pay rent?Call up the occupant. ... Send a breach of contract letter if there is a default. ... You can send an intention to cancel the lease agreement. ... If the notice is absconded, seek legal assistance.Feb 23, 2021

Can I evict my Tenant without a court order?

To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.Sep 27, 2021

Defining Eviction

Let’s go over the meaning of eviction before getting into the process. When eviction is mentioned, it refers to the process a landlord can take to remove a tenant from their property.

When Can You Evict a Tenant?

You must have a valid excuse to force your tenant to leave. Some of the most common and legal reasons include:

Key Takeaways

Eviction is the process through which a landlord can legally ask the tenant to leave a rented property.

Step 1: Talk to Them

The first thing you need to do is talk to the tenants, especially if the reason is simply a late payment and the tenants pay rent most of the time. It is also reasonable if you’re evicting a tenant without a lease.

Step 2: Send a Formal Notice

If you and your tenant have not come to an agreement, it is time to send a formal notice. The notice should include the date of eviction as well as the amount that the tenant owes. You should send the eviction letter to the tenant a certain number of days before the eviction date. It is usually 30-days prior but checks your local state laws.

Step 3: File Eviction With the Courts

If the renter has still not left after being served with a tenant eviction notice, it’s time to take the matter to court. This is referred to as eviction lawsuits or unlawful detainer (UD) suits. The process involves going to court, paying a fee, and receiving a hearing date.

Step 4: Attend the Court Hearing

This is your chance to prove your claim and escort your tenant out. Be patient and present all the facts to the court with adequate proof. Many wonder how does eviction work when taken to court. Here are a few documents you must have in your court hearing:

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.

How to avoid eviction?

1. Try to avoid an eviction. If you are trying to figure out how to evict a tenant, most likely you are stressed and angry at that tenant. However, understand that in most cases, evictions can be prevented with proper landlording practices.

What happens if a tenant loses an eviction?

Once the tenant loses the eviction, the landlord (or attorney) will need to take the writ of restitution to the sheriff. You’ll have to pay another fee to the Sheriff and fill out some more forms before an eviction date will be set. The sheriff’s department will likely go to the home and post their own notice, giving a date and time that they will be at the home to remove the contents.

What happens if a tenant files for bankruptcy?

Expert legal advice is invaluable. For example, if a tenant files for bankruptcy during the eviction, bankruptcy court will place a stay on the eviction process. Your eviction is stopped until the stay is lifted, and you’ll definitely need an attorney.

How to evict a tenant?

Step 1: Post or deliver the eviction notice. The first “legal” step in evicting a renter comes in the form of hand-delivering (serving) written notice of eviction to the tenant, letting them know of their grievance and what you are doing. The kind of notice served depends on your state and the eviction reason:

How long does it take to get an eviction?

Specific days and dates will require you to do a little research into your state’s landlord-tenant laws. In most states, as long as everything goes as planned, an eviction takes about a month. However, in some “tenant-friendly” states, evictions can take up to six months.

How much does an eviction cost?

However, the attorney fees and lost rent kill your cash flow. You’ll likely spend between $1,500 and $3,000 on attorney’s costs, plus incur several months of lost rent and damages to the property.

What happens if a tenant doesn't show up to court?

The lawsuit. Generally, if the tenant does not show up to court and doesn’t respond to the lawsuit, they automatically lose. If the tenant does show up, the judge will hear both sides and rule either in the favor of the landlord or the tenant. If you lose the eviction… well, it sucks.

What is the purpose of a rent repayment hearing?

In states that schedule two hearings, often the initial hearing is designed to give the landlord and tenant the chance to work out an agreement to allow the tenant to remain in the rental unit, such as creating a rent re-payment schedule if the eviction is due to nonpayment of rent.

What happens if a tenant doesn't move out?

However, if the tenant is not able to correct the issue, or isn’t given the option to correct the issue and fails to move out by the deadline in the notice, then the landlord can proceed with the next step in the eviction process, which is filing an eviction action with the court.

Why is retaliatory eviction called retaliatory eviction?

These are called retaliatory evictions because it can appear that the landlord is trying to “get back” at the tenant for exercising their rights. If the rental unit is in a state that does not require written notice prior to beginning an eviction action, landlords may skip directly to step 4 below.

What happens at an eviction hearing?

At the eviction hearing, whether it’s the first hearing, the second hearing, or a jury trial, one of two things can happen: 1 The court rules in favor of the tenant 2 The court rules in favor of the landlord

What is the first step in evicting a tenant?

Step 1: Lease Expires or Is Violated. Landlords can evict tenants for a variety of different reasons depending on the state. Typically, landlords must have a valid reason to evict a tenant unless the lease/rental agreement has expired, such as nonpayment of rent, illegal activity, and lease violations.

What happens if a tenant fails to move out of a rental?

If the tenant fails to move out within their state’s deadline, then in nearly every state, law enforcement officials will return to the rental unit and forcibly remove (or evict) the tenant from the rental unit. See the chart below for the amount of time given to tenants to move out prior to being forcibly removed.

What does "shut off" mean in a rental?

Shuts off a tenant’s utilities. Or otherwise prevents the tenant from physically entering or living in the rental unit. Retaliatory Evictions. In many states, though not all, landlords are not allowed to evict tenants for reporting health/housing code violations or being part of a tenant’s organization.

Why do landlords evict tenants?

Landlords can evict tenants for a variety of reasons. Most evictions occur because tenants get behind on rent and can’t catch up. Did you know when you fail to pay rent on time, you’re breaking the terms of your lease agreement? Other reasons for eviction include the following: Violations of the Pet Policy.

What is it called when a tenant won't move out after the lease expires?

Sometimes a landlord might start the eviction process if a tenant won’t move out after the expiration of their lease. It’s called a holdover. By the way, if you’re in this situation, an attorney is your best weapon. Holdovers present several challenges to landlords and tenants.

What are the reasons for eviction?

Other reasons for eviction include the following: 1 Violations of the Pet Policy 2 Subletting to Tenants Not on the Lease 3 Property Damage 4 Disrupting Other Tenants 5 Using the Property for Illegal Purposes

How long do you have to move if you win an eviction?

Even if they win in court, you will usually have at least a few days to move. Even the savviest tenants don’t know the ins and outs of the eviction process. Sometimes landlords don’t serve eviction notices according to law. They may also use incorrect forms.

What to do if landlord discriminates against you?

Also, if the landlord retaliates against you when you’ve exercised your legal right as a tenant, you should pursue legal protection. Hiring a lawyer gives you a better chance of winning your eviction case.

What happens if you get an eviction notice?

When you come home to an eviction notice tacked to your front door, it can knock the wind out of your sails. Who wouldn’t worry about losing their home, not to mention the damage an eviction could cause to your credit rating?

What happens if you are evicted?

Evictions usually create a negative impact on your quality of life and your financial stability. Without a lawyer who understands the nuances of landlord/tenant law, you likely won’t make the most persuasive case.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if a tenant dies in a rental agreement?

Where one of the contracting parties to a rental agreement, written or implied, dies the rental agreement is cancelled by operation of law. Unless the tenants can come up with a written, term, agreement (written lease for a set period of time extending beyond the time of the landlord's death) they should be notified that the owner is deceased. If they do not move then the new titled owner (the new owner of record) must serve the tenants with a 60-day notice of the fact of death of the contracting owner together with a copy of the death certificate. If they still do not move then you must begin an Unlawful Detainer action to remove them.

What happens if you don't move?

If they do not move then the new titled owner (the new owner of record) must serve the tenants with a 60-day notice of the fact of death of the contracting owner together with a copy of the death certificate. If they still do not move then you must begin an Unlawful Detainer action to remove them. Report Abuse. Report Abuse.

How long do you have to serve a tenant to pay rent?

You will have to serve them a 3 day notice to pay rent or quit. You can only go one year back on the notice, so you would want to do that first. At that point if they do not vacate within 3 days or pay the full amount you can file an Unlawful Detainer against them and have them removed.