While it is not the subject most landlords like to think about, the subject of how to legally evict a tenant is something that needs to be addressed. There will be those unfortunate instances where the tenant must be asked to leave the premises. As a result, there’s a structured legal process that has been crafted and designed to protect both the landlord and tenant.
Please Note: The specific laws regarding how to evict a tenant will vary from state to state. This will be an overview of the basics of legally evicting a tenant that is provided for informational purposes only.
What exactly is an eviction? An eviction is an official legal proceeding where the landlord is seeking court action to remove a tenant from an apartment, condo, home, or other property and reclaim the property. There are a variety of reasons why this could happen, such as the tenant could be behind on rent or, possibly, could prove to be a nuisance to other tenants. Regardless of the reason, if the tenant refuses to leave when asked, legal proceedings must be initiated in order to have him/her vacate the premises.
The eviction process is quite a structured one. Tenants must be given formal written notice that an eviction is eminent. Understanding the process of filing an eviction notice is a must in order to amicably initiate proceedings.
There are various reasons why the law requires such a multistep process. It could be extremely catastrophic for a tenant to be evicted in 24 hours of being asked to leave. Also, the landlord needs to be in compliance with the rental agreement prior to forcing anyone from the premises. As such, proper legal proceedings have been designed to maintain a certain integrity to the eviction process.
Sending out an eviction notice to the tenant is a must regardless of the state you reside in. An eviction notice is a formal letter that is presented to a tenant. The letter can be from a landlord or the local courts and it puts the tenant ‘on notice’ that the tenant must vacate the premises.
There are costs associated with filing eviction notices. Acquiring an official form to send can cost upwards of $30. Of course, there will be costs associated with filing with the courts. Such costs could be upwards of $600. Additional costs associated to the filing could be upwards of an additional $500.
Then, there will be issues related to legal fees. The costs of an attorney could range from $500 – $5,000 depending upon the specific attorney and the complexity of the proceedings.
State eviction laws and regulations regarding the eviction notice process will vary from state to state. For example, in certain states the requirement is the letter must be sent to a tenant prior to court action. In other states the letter must be sent prior to court action in order to initiate the process. Ultimately, it is critical to be in compliance with local state laws or else the eviction notice may be considered legally void.
