The process of evicting tenants is important to learn. Here you will learn the steps to followed. You will find out what the various types of Warning to Stop are. You will learn how to send the notification properly. You will know when to file your eviction complaint with your local court. And you will learn the biggest mistake that people make.
The following are the different notices:
Notice to pay or stop – is used when your tenant does not pay the rent. Most states require that you provide a final rental requirement before requesting eviction. If your tenant pays rent and late fees before the notice expires, no further action is necessary.
Stop Notice – used when your tenant violates your rental agreement or lease for something other than rent. An example would be that your tenants modified their rental property without your approval under your license agreement.
Eviction order – used when you do not wish to renew the lease or contract with your tenant at the time of termination. Most states require 30 or 60 days of written notice.
Each state has different deadlines for the different types of “Notice of Termination”. You must read state lease laws to justify this. Most states require written notice to be given to the tenant and, if they are not available, you can often give it to another adult on the property. I will deliver the notification and also send the notification by registered letter so that I can receive a receipt in court, if necessary. It is important that you serve your tenants properly, or this can delay the eviction process. Again, you need to read your state’s rental laws about your requirements.
After the Notice of Termination has been sent to your tenant, they must respond to you within the notice period and resolve the issue. If they do not do so before the deadline, the day after the notification period, you can file your eviction complaint with your local state court. That is most often found in a small claims court within your lease district.
If your tenant does not respond to the court, the court will usually order a standard eviction sentence in your favor. If your tenant responds to the court before the deadline and can bring a case, the court will arrange a formal hearing. If the court decides to evict the tenant during the hearing, you will usually receive a sentence and a warrant. Their names change slightly from state to state. Once you have the trial and possession order, you can take them to the local sheriff. They will then post a notice of time at your tenant’s front door for them to release or be forcibly removed.
One of the biggest mistakes that landlords make is waiting too long to give the tenant a “Notice to Leave”. As you can see, the eviction process can be very long. The sooner you start the process, the better it will be financially in the end.
By following this process of evicting a tenant and approving an owner, you will know what notice to attend to your tenant on. You will know how to send the notification properly. You will know when to file your eviction complaint with your local court. You will know what to expect after filing the complaint. And finally, you’ll know how important it is to read your state’s lease laws to adjust the entire eviction process.