Tenant eviction can be a difficult decision at times, and at others the actions of a tenant simply do the decision making. Regardless of why a landlord chooses to evict their tenants, there are specific processes that must be followed and laws that must be obeyed.
When making the decision to evict a tenant, a landlord will have to state the specific reason that he or she is evicting a tenant. That decision will effect the type of eviction notice that a landlord will be able serve the tenant. Typically landlords evict their tenants due to non-payment of rent, for creating an unsafe and unhealthy dwelling, or for another reason such as violating the terms set forth in the lease. Each of these reasons has a specific, corresponding form, including those who rent mobile home lots, that must be completed. The notice must then be served to the tenant. Sending an eviction notice to the tenant via certified mail is the best option. A notice to evict may also be served in person or to a member of the tenant’s household who is of suitable age. Once served, a tenant will either adhere to the request, try to speak with the landlord about the issue, or disregard the matter. The time range that a tenant has to adhere to the request will depend upon the reason that the landlord is evicting the tenant, as well as the terms of the lease. This typically ranges from three to thirty days. If the tenant does not adhere to the notice, a landlord must then proceed to file a court order to have the tenant evicted.
In court, a judge will collect and hear information from both parties, and the judge will decide in either favor of the landlord or the tenant. If the judge orders judgment for the landlord, an eviction notice will be served. A monetary judgment may be issued for the tenant to pay damages.
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