Why You Must File Eviction Actions in Court

Although the eviction process doesn’t start in court, you must file an eviction action in your local court if you want tenants out. Thus, you may not avoid the eviction process by locking tenants out, removing belongings from the property or shutting of essential services such as utilities, according to Oregon State Bar. It doesn’t matter if you have a lease or rental agreement with your tenant or just a month-to-month tenancy agreement—you must follow legal requirements by going through the court.

File an Eviction Action with the Court to Avoid Lawsuits

It doesn’t matter if tenants have participated in egregious conduct such as cursing out your or manager or violated the lease, you can’t put them out. If you do, you’re at risk lawsuits which include trespass, wrongful eviction, theft or assault. Besides, all states prohibit self-help evictions—which means you must go through the court to evict tenants.

The Eviction Process Allows Time for Tenants to Fix the Situation

From the time you give your tenants a written notice to vacate to the time you appear in court, tenants have the right to remedy the situation. Thus, if they owe you rent, they can pay it. Or if they are breaking some part of the lease agreement such as making excessive noise, they can promise to keep the noise down.

An Eviction Action with the Court Gives You the Ability to Use Law Enforcement

 If the judge finds in your favor and tenants must move, you have the authority to request law enforcement such as the local sheriff to remove tenants and belongings from the property. However, this option is only available when they over stay the specific date given to them to leave.

You Don’t Have to File an Eviction Action If Tenants Leave the Premises with the First Notice

As a landlord, you must start the eviction process by giving tenants a written notice to vacate the property. The notice specifies the exact amount of time the tenants have to leave and way. For instance, it could be because they haven’t paid rent or violated the terms of the lease. If the tenants leave, that’s the end of the eviction process. The tenants move out and you don’t have to file an eviction action with your local court.

Seek Legal Help

Whenever you’re considering evicting tenants, talk to an attorney. An attorney will assist you with the eviction process.