Evicting A Tenant

A landlord wishing to evict a tenant has to go by specific laws in order to make the process legal and binding. Our real estate attorney are here to tell you your rights. Landlords can evict for late rent known as non-payment of rent.

How long does it take to evict a tenant?

The answer to this question varies according to state laws, but in most states, it will take at least 30 to 45 days to evict a tenant.

According to the laws in the governing state in most cases, you must provide the tenant with a notice stating they are late with their rent and order payment by a specific day as outlined in the lease. Late fees can be added to the notice. In most states, the rent is due on the 1st and is late on the 5th of the month. You can provide the tenant with a late notice on or after the 5th of the month explaining that if; they do not pay their rent by the 15th you will proceed to evict for late rent.

On the 15th of the month, you visit the courthouse and fill out the proper paperwork to evict the individuals from the property. You will also have to pay a filing fee.

After you file to evict a tenant, you will then wait to receive a notice in the mail for your court date. The tenant will also be sent the notice in the mail. The court will then listen to both sides if they appear in court. If the tenant does not come to court, the landlord will receive his eviction.

When you receive the judgment in your favor, you can now start the process of removing the tenant. The sheriff in most cases, will post a bright orange sign on the door letting the tenant know the day he must move out and relinquish the property to you. If the tenant does not move out by that date (deemed by the court) the sheriff will physically remove the tenant. Now the property is yours.

If there are personal belongings left at the residence, you will need to learn the laws that govern their property as well. You cannot legally throw away their property.

Laws governing the process on how to evict a tenant differ enormously from jurisdiction to jurisdiction, so it would be in your best interest to talk with a real estate attorneys to ensure you file all the proper paperwork to ensure you can evict the tenant in a timely manner saving yourself time and money.