How to evict a Tenant

Homeowners should follow the legal eviction process to remove a problematic tenant of a residential property. The eviction process offers tenants the opportunity to correct a problem or present their case in court. Tenants are required to pay rent, keep the property clean and follow the rules set in place by the owner. When tenants do not comply with these obligations, owners can use the legal system to remove the tenant of the rental unit. It is likely that the owners do not use self-help methods such as locking the tenant out of the property or put off utilities to force the tenant to leave the house.

Steps to evict a tenant:

1. Deliver a notice to the tenant.

The notification provides the opportunity to correct the problem or vacate the property. Understand the law in your State with regards to the eviction of tenants. Most of the Landlord and Tenant Residential Act require owners to deliver a notice to the tenant before filing an eviction in court.
The amount of time that the owner provides notice depends on the reason for the notification. For example, owners must give the tenant a notice of five days for failing to pay rent, but 10 days’ notice is required for breach of the lease.
Property owners must submit the notification in person or publish in the residence. While publishing the notice on the property, the landlord must also send a copy by registered mail.
The property owner can also hire a process server to serve the notice.
The notice may be sent by certified mail. The notice period begins when the tenant signs the letter. Many courts consider that a tenant has been served five days after the notice is delivered when the tenant fails to sign the letter. Owners must have a receipt when a notification by registered mail is delivered.

2. File a suit in the court for eviction

When tenants do not correct the problem within the specified time allowed by the notice, the owner must apply for a court hearing. The court hearing will determine who is entitled to possession of the property. The court hearing is an opportunity to organize a defense against eviction.

3. Summons delivery to the tenant

When a homeowner files a complaint for eviction in court, owners must give the tenant the summons immediately. The owner must deliver the summons to the tenant at least two days before the hearing date.

4. Attend the court hearing
The owner has to attend the court hearing and bring the eviction notice, the acknowledgment of receipt of the notice, the lease, the proof of service to the summons and the evidence the tenant has violated the lease or stopped paying rent.

5. Get an order of restitution.

When the tenant does not vacate the property after a ruling in favor of the lessor in the court hearing, the landlord must file a writ of restitution to remove the tenant from the property.
The writ of restitution allows a sheriff or bailiff remove the tenant from the property physically.
The owners of the property must store the belongings left by the tenant for 21 days (this period might be different in your area) after the property has been vacated.