when you evict someone does the notice have to be from a lawyer

The eviction notice must be written carefully, and the help of an attorney could make the eviction process go more smoothly. If your tenant has an unexpired lease, you may still be able to evict him for unpaid rent or for breaking the lease agreement terms.

Full Answer

Do I need an attorney for an eviction notice?

Be specific, and state what he must do to reinstate his lease (if anything), and by what deadline. The eviction notice must be written carefully, and the help of an attorney could make the eviction process go more smoothly.

When does a landlord have to file an eviction notice?

For states that don’t require written notice, as soon as the lease has expired or has been violated in some way, landlords may file an eviction action with the court. This means that the summons requiring tenants to appear in court may be the first time tenants are aware they’re being evicted.

Do you have to serve your roommate with an eviction notice?

Use an Eviction Notice If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. In most states, the process for evicting someone who lives with you is quite similar to the process described in the first paragraph. Treating your roommate like a tenant increases your chances of success.

Can an eviction notice for not leaving be corrected?

On the other hand, an Eviction Notice for not leaving after the end of the lease usually cannot be corrected. In most states, the process for evicting someone who lives with you, if you are legally allowed to do so, is similar to the process for evicting a tenant.

How can you make someone move out of your house?

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice ...

How do I file an eviction notice in Texas?

The Eviction ProcessStep 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. ... Step 2: Filing of Eviction Suit. ... Step 3: Judgment. ... Step 4 (optional): Appeal. ... Step 5: Writ of Possession.

How much does it cost to evict someone in Illinois?

Each Illinois county sets its own fees for filing an eviction. These fees range from just over $100 to nearly $400, depending on the county, and whether the landlord is seeking possession of the rental property only, or asking for possession and past-due rent or damages.

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

Can a landlord evict you immediately in Texas?

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

Can a landlord evict you without going to court in Illinois?

The landlord must give the tenant notice and go through the court process to get an Eviction Order.

What is the eviction process?

Give notice to the offending Tenant that the Landlord intends to evict the Tenant through the courts. Apply to court to have a “Tenant eviction order” issued to the Tenant. The court issues the “Tenant eviction order” 14 days before the court hearing to the Tenant and the municipality that has jurisdiction in the area.

How much notice does a landlord have to give a tenant to move out?

If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.

How long does a tenant have to give notice of eviction?

The notice period is typically tied to the type of tenancy, with week-to-week tenants usually receiving 7 days’ written notice and month-to-month tenants typically receiving 30 days’ written notice. NOTES.

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 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 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.

How long does it take to get an eviction notice?

If the reason for the eviction is that the tenants have failed to pay rent, the appropriate notice is likely a 3 day notice to pay rent or quit. If the tenant is in violation of the lease, the notice is likely a 3 day notice to perform covenants or quit.

What happens if a tenant doesn't pay rent?

Many would think that if a tenant is not paying rent or is breaching the terms of the lease that they would have the right to go and physically remove the tenant. This would be a disastrous mistake as there are severe penalties to resorting to this kind of “self help" in taking back possession of one’s property.

What happens when a sheriff gets a writ?

Once the sheriff obtains writs, they will post a notice to the tenant informing the tenant that they must vacate by a certain date. The final step of the process is for the owner to meet the sheriff at the property with a Locksmith when instructed by the sheriff to do so.

How long is a 60 day notice required?

A 60 day notice, for example, is generally required where the tenancy has existed for more than a year. A proper notice as well as proper service of the notice is critical as the law requires strict compliance with statutes in these regards in order to prevail in an unlawful detainer.

Is the unlawful detainer process legal?

A general overview of the Unlawful Detainer/Eviction process: The information contained herein is general information only; is not legal advice; and should not be relied upon. If you have a pending legal matter you are advised to contact an Attorney in your particular jurisdiction for representation.

How much notice do you need to give a tenant to evict you?

Eviction laws vary by state, so make sure you know what your state requires. One of the most important things to know is how many days’ notice you need to give a tenant before filing a complaint. If you don’t give a tenant proper notice, they can hold it against you in court and the judge may rule in the tenant’s favor.

What happens if you don't serve an eviction notice?

In most cases, a tenant will either resolve the problem or move out after you serve the eviction notice but if they don’t, this is legally known as an unlawful detainer. The next step a landlord needs to take is to file a complaint with the court and receive a court date. You’ll need to bring proof that you gave the tenant proper notice and they’re now unlawfully staying on the property.

How long does a tenant have to move out?

This type of notice tells the tenant they must move out within a given number of days, either because they’ve repeatedly violated the lease or failed to pay rent on time, or because they have a month-to-month lease that can be terminated at any time with 30 days’ notice.

What is the most common type of eviction notice?

Pay rent or quit notice. When rent is overdue, tenants have a given number of days to pay rent in full (canceling the eviction) or vacate the property. This is the most common type of eviction notice.

What does "evicted" mean?

Published October 30, 2018 | Written by Emily Crowley. Evicting someone is a process all landlords hope to avoid. Evictions can be unpleasant and costly but are sometimes unavoidable. If you find yourself in a situation where a tenant fails to pay rent or respect the terms of the lease agreement, it’s time to ask them to leave.

What is a cure or quit notice?

A cure or quit notice gives tenants a certain number of days to fix a lease violation or move out. This type of notice is also suitable for a material breach, such as illegal activity on the property.

Why do you have to terminate a lease?

Common reasons for evicting a tenant include: Failure to pay rent. Significant property damage. Violation of the lease agreement terms.

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.

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 a tenant doesn't get evicted?

The landlord serves an eviction notice, and if the tenant doesn’t remedy the problem, both the tenant and landlord end up in front of a judge. If that judge finds for the landlord, the tenant’s given a reasonable amount of time to vacate.

What happens if a judge finds for the landlord?

If that judge finds for the landlord, the tenant’s given a reasonable amount of time to vacate. Though laws vary state to state—and sometimes, even within a state—the process nearly always plays out as we just described.

Can you move out without a lease?

In most situations without a lease, the person living in the property is treated as if they had a month-to-month lease, meaning they’ll need only a month to vacate.

Can you evict a roommate?

Use an Eviction Notice. If asking doesn’t work, you actually must serve your unwanted roommate or family member with an Eviction Notice. In most states, the process for evicting someone who lives with you is quite similar to the process described in the first paragraph. Treating your roommate like a tenant increases your chances of success.

How Does an Eviction Notice Work?

The landlord delivers a written eviction notice to the tenant in accordance with state law. If the tenant doesn’t fix the problem or move out, the landlord can file a lawsuit to evict the tenant. In court, a judge will hear the case and decide whether the tenant can stay.

How to Send an Eviction Notice

You can send an eviction notice by downloading an eviction letter and serving (delivering) it to the tenant according to your state’s requirements — usually by certified mail with a return receipt or hand-delivering the eviction notice to the tenant in person.

The Most Common Reasons for Sending an Eviction Notice

The most common reasons for sending your tenant an eviction notice are:

Ways Eviction Notices Can Be Considered Unlawful

Eviction notices can be unlawful if they fall under the following categories:

Tips on Avoiding Eviction Notice Costs and Issues

If you can resolve the problem with your tenant, you won’t need to use an eviction notice. For instance, if the tenant is late paying rent, you can ask why and try to understand the tenant’s situation. Consider working out a payment plan for missed payments.

How Much is an Eviction Notice?

It costs nothing to create your eviction letter, but you may need to pay the cost of certified mail delivery to serve the notice to your tenant.

Who will evict my tenant?

The sheriff or the sheriff’s deputies will evict your tenant. (Note: Memories of eviction proceedings will make future family get-togethers rather awkward.) Since personal feelings are involved, the tenant eviction ordeal can be messy. Here’s how to facilitate eviction and make it less excruciating. Consult a lawyer: The first thing ...

What to do if you evict a guest?

If you’re a reluctant landlord trying to evict a guest from your house, the first thing you need to do is establish how your state classifies this (now) unwelcome visitor. If he’s considered a tenant or licensee, you as the landlord will need to go through the eviction process.

What happens if a tenant refuses to vacate after eviction?

If your tenant still refuses to vacate the premises after he receives an eviction notice, he is now in violation of a court order and you can call law enforcement to remove him.

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

Serve your tenant with a notice to vacate that states when and why he must vacate; most places require filing a three- to 30-day notice that the tenancy has ended. Be specific, and state what he must do to reinstate his lease (if anything), and by what deadline.

What to do if your tenant breaks the rules?

If you have rules about your guest using recreational substances, spell them out. And if your tenant breaks those rules, give him reasonable time to find a new place. Most jurisdictions don’t like to make people homeless “at the snap of a finger,” Schorr says.

How much does it cost to get evicted?

Eviction can cost $1,000 to $10,000 in legal fees, and sometimes more if the case goes before a jury. “I’ve had one eviction going on for a year and a half. We’ve been fighting like crazy,” Schorr says. Paying for a session or 10 of family counseling will likely cost less money than an eviction.

Can a landlord evict a boarder?

The truth is, most places don’t allow landlords or property managers to instantly evict a boarder, regardless of who he is or what he’s done to deserve eviction, says Zachary D. Schorr, a Los Angeles real estate attorney. If the people you want to evict are considered to be tenants or licensees, Schorr says, a landlord can’t just throw them out ...

How long do you have to serve notice to evict a tenant?

In almost all cases, this Notice must be served a minimum of three days before you are able to file for an eviction. Some reasons could require as much as a year’s notice. Often, you must first serve a tenant with a Notice to Cease before you can even serve them with a Notice to Quit.

What happens after you serve a tenant notice to quit?

After serving a tenant Notice to Quit, you will have to wait for one of two results: Tenant Obeys Notice- The tenant may receive the Notice and realize that you intend to file for an eviction if the lease violation is not fixed.

What is a notice to quit?

A Notice to Quit is a formal legal document a landlord sends a tenant in an attempt to fix a lease violation. In most cases, before a landlord can formally file to evict a tenant, the landlord must first serve the tenant with a Notice to Quit. This Notice gives the tenant a chance to fix the issue. It informs them that they have “X” number ...

What happens if a tenant doesn't fix a lease violation?

If the tenant does not fix the lease violation, the landlord then has the right to file for an eviction. Learn the basic rules of sending a Notice to Quit, including why to send it, when to send it and how to send it.

What happens if a tenant breaks a lease?

If the tenant breaks a clause of this contract, a landlord must often first send the tenant a Notice to Quit the behavior. If the tenant does not fix the lease violation, the landlord then has the right to file for an eviction.

Why do you have to give a tenant a notice to quit?

A Notice to Quit can be given because a tenant has violated a clause in the lease agreement or because of external factors unrelated to the tenant, such as the property being taken off the rental market.

How to serve a notice to quit?

After serving a tenant Notice to Quit, you will have to wait for one of two results: 1 Tenant Obeys Notice- The tenant may receive the Notice and realize that you intend to file for an eviction if the lease violation is not fixed. If they were behind on their rent, they may become current on their rent in the hope that you will accept the rent and allow them to remain in the property. If they are unable to fix the behavior that is breaching the lease, the tenant will voluntarily move out of the rental property before having to go to court. Many tenants do not want an eviction on their record, so will leave before being formally evicted in court. 2 Tenant Disregards Notice- Sometimes you will serve a tenant a Notice to Quit and the tenant will disregard it. They understand that it can take more than a month to go before the court and get formally evicted. The tenant is trying to buy time because they have nowhere else to go or because they are willing to fight it out in court as they do not believe they have done anything wrong.

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.