Understanding the Eviction Process

There are numerous benefits to being a landlord but from time to time, you may also have difficulties with your renters. One of the more severe problems that you may have is when the renter refuses to pay and then they will not vacate the apartment when they are told to do so. It can end up costing a lot of money in legal fees but in order to do things properly, you must understand the overall eviction process. In that way, you can do things that will not land you in hot water.

First of all, the eviction process is going to be different from one state to the other but all of them have very similar guidelines. For example, prior to the time that the eviction notice is served, you are going to need to post a notice to vacate. Those notices may be different, depending upon your choice. You may have a three-day notice or perhaps a 10-day notice for the individual to pay the rent or vacate the apartment. In some cases, there may also be a notice given for nuisance or waste and a longer term notice to vacate may be given if you just want to terminate their tenancy.

eviction process

If the person or people that are living in the apartment decide to follow the notice, then no further action is going to be needed on your part. At that point, you will just go in and clean up the apartment to prepare it for use again. If they don’t vacate the apartment, however, you will need to take it to the next level and that is to have a sheriff serve an official eviction notice. This is a legal document that gives a specific amount of time for the person to vacate the apartment.

Depending upon the state and the conditions, a tenant may also be served with a notice that is known as a sworn statement or payment requirement. This is also provided at the time that the summons is served or shortly thereafter. This may actually give the tenant additional time to file a statement in the court and to pay up on the rent so that the eviction doesn’t take place. If all else fails, it will then be in the hands of the court and the tenant will be evicted from the apartment upon the termination of the time decided.