Debt Settlement Scams

Eviction is a complicated process, and can be rather frustrating, expensive, and time-consuming for landlords. While every state has various eviction forms and laws, there are some common threads among all states, and the process is relatively consistent between states. Here’s how a usual state’s eviction process works:

Step 1: The landlord delivers the tenant with an eviction notice after the late payment grace period has finished, the landlord may serve the occupant with an eviction notice, announcing them that they have a certain term within which they should bring the rent current, or the landlord will file for eviction in rent court. This period ranges anywhere from 3-14 days typically, depending on the state, and you’ll need to send a specific eviction notice for your state, so be sure you use a state-specific form.

If you want to evict your renter for something different than non-payment of rent, there is often a different eviction notice you must send them, and you must point the lease agreement breach. Often, the tenant will have a chance to fix the lease agreement violations, within a definite period of time (also 3-14 days, typically).

Step 2: File for eviction in rent court if the occupant fails to fix their lease agreement breach during the allowed term, you can file for eviction in rent court. Every state (and sometimes each municipality) has a various form you must file, so check you use the correct eviction form. Some states demand you to send a copy of the form to the tenants, so make sure to follow your state’s laws on this point.

Step 3: Your local rent court sets a hearing date this being a democracy, the occupants must have a chance to refute your claim that they’ve failed to pay rent, or breached the lease agreement in some other manner. So, the court will set a hearing date, at which time you have to show up and address the judge if the tenant appears to contest the eviction. In most cases, the judge will rule in favor of the landlord, in a typical failure-to-pay-rent case.

Step 4: The sheriff’s department sets an eviction date from rent court, your case will be referred to the Sheriff’s Department, where the sheriff will determine a date for the eviction. They will generally either mail or post a copy of the Notice to Vacate on the property, and the renter must be out by that date. If the tenant is not out, or has left some of their belongings at the house, then on the eviction date the sheriffs will go in, and enable you or your agents to change the locks and remove the tenants’ things.

The rest, of course, is clean-out, maintenance, repairs, and showing the property to new lease applicants, which is all an art in itself. Good luck, and be extremely cautious to follow your local eviction laws, as any breach can result in delayed evictions or even lawsuits.

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