5 Proper Steps to Start an Eviction

As a landlord, you cannot start an eviction as you wish. You will have to follow the steps in legal procedure under the regulations of the Landlord and Tenant Law. Although the property is yours, you do not get the legal rights to start an eviction at any time. When you fail to stick to these procedures and guidelines, you may be penalized according to the state’s statutes.

Follow these steps to start an eviction procedure against your tenant in a legally accepted manner.

Step 1 – Eviction Notice

You will have to send an eviction notice informing the tenant that the eviction procedure has started. In this notice, you must mention the reason why you have started this eviction. You can mention reasons like violation of lease agreement terms or late payment of rent and so on. This notice should give at least 3 days for the tenant to resolve the problem or 30 days time if the lease agreement is going to be cancelled.

Step 2 – File Complaint

You will have to file an Unlawful Detainer complaint in the Superior Court in the area of residence of the tenant. You will have to attach a copy of eviction notice, rental or lease agreement and personal details of the tenant. You can claim for monetary benefits for the damages caused.

Step 3 – Summon

The court authorities will send a summon to the tenant asking explanation for the complaints filed by you. There will be a period of 5 days for the tenant to answer this summon.

Step 4 – Writ of Possession

Obtain the legal “Writ of Possession” document to establish your rights to retain your rental property. It may take at least 20 days for receiving this; hence, apply for it few days before the case comes to hearing by the judge.

Step 5 – Eviction Order

After hearing both the parties (you and your tenant), if your reasons are legal, judgment will be issued in your favor. Now the judge will issue orders to the sheriff to evict the faulting tenant. Sheriff will prepare a 5-day eviction notice within 3 days of receiving this court order.

Getting Legal Advice

Although you can start an eviction process legally without an attorney, consultation with an attorney will be of great help. Their legal advice will certainly help and prevent you from violating any of the guidelines.