Free Eviction Process Worksheet

In order to properly evict a tenant, the landlord must have a valid reason for the eviction, and must follow the appropriate steps in precisely the right manner. Whether the reason for the eviction is nonpayment of rent, damage to the property, violation of some other provision of the lease, violation of state law, or because the lease has already ended, generally the tenant must first be given written notice of the reason and reasonable opportunity to correct the problem. The length of this "cure" period varies by state or local governing law and by the type of violation. For example, the tenant may be entitled to have seven days to pay past-due rent and twenty days to correct other lease violations (for example excess noise or a forbidden pet).

If the tenant cures the problem within the required time, the landlord cannot continue with the eviction. If the tenant does the same thing again, the state law frequently permits the landlord to evict without any opportunity for cure. However, each state law is different, and the landlord must follow the law during this process. A landlord who wrongfully evicts a tenant may be liable for damages caused to that tenant.

After proper notice has been provided to the tenant and the applicable time period has passed without cure by the tenant, the landlord must file a special type of lawsuit to evict the tenant and/or collect unpaid rent. The tenant must usually be personally served with notice of the lawsuit, by the sheriff or by a private process server. If that method fails, the landlord is usually allowed to serve the notice by mail and/or by posting the notice on the tenant's door. An eviction lawsuit is usually referred to as a "forcible entry and unlawful detainer" action, and enjoys special treatment by the court, both in terms of being heard quickly in an otherwise busy court, and in terms of an accelerated carry-through of action. The judge may order an immediate eviction at the end of the hearing (trial), but usually the tenant is given a reasonable amount of time to move out voluntarily. Eventually however, the sheriff (never the landlord!) will be authorized by the court to physically remove the tenant, if necessary.

Many states have laws limiting the amount of fees that can be charged for late rental payments. In order to be enforceable in some states, the late payment fee must approximate the ACTUAL damages that the landlord will sustain because of the delay in payment. Other states set strict caps on per day or per month late charges. It is RECOMMENDED that you check with an attorney regarding any limits that your state may have on the charging of late payment fees.

Many states also have specific requirements that must be followed to terminate a Lease because of a default of one of the parties. Perhaps the most frequent default is the tenant's failure to pay rent. If the landlord wishes to evict the tenant for failure to pay rent, the specific requirements of state law must be followed by the landlord. If the landlord fails to do so, it may result in a delay in obtaining an eviction, and/or it may jeopardize the landlord's right to recover rent or reimbursement for damages to the Premises.

Landlords must be careful that their actions in terminating a Lease or evicting a tenant do not constitute retaliatory actions against the tenant for exercising his or her rights under the law. Some states have specific laws that allow tenants to obtain money damages from landlords who engage in retaliatory actions.

The Eviction Process Worksheet is not a legal document and does not require any signature, witnesses, or notarization. It is used to collect information which should be taken to an attorney to start eviction proceedings.

The tenant has several possible defenses to an eviction proceeding. Therefore, the landlord/manager must make sure that the following items are being satisfied in connection with an eviction. Some of the tenant's defenses are:

1. Improper notice.
   The eviction notices must be properly given to the tenant or the landlord/manager will lose at the eviction hearing. Notices must include the required content as specified by state or local law, they must be given in the proper order, and they must be served in a timely manner.

2. Landlord's failure to object promptly to tenant violations.
   If a tenant continues to violate terms of the lease with the landlord/manager's knowledge, the landlord/manager may need to provide extra notices and/or an extended grace period to cure the violation. This is because the landlord/manager is deemed to "accept" the violations through silence.

3. The rental agreement was not seriously violated.
   If a tenant can show that he or she is in "substantial compliance" with the rental agreement, the landlord/manager may not be allowed to evict. The judge will decide whether the violations were reasonable or unreasonable.

4. The tenant has a legally-valid excuse for nonpayment of the rent.
   If the eviction is for the nonpayment of rent, the tenant may have a defense if he or she properly withheld a portion of the rent to pay for repairs to the property that were (a) necessary for the tenant's health or safety, and (b) made after the landlord/manager refused the tenant's demands for the repairs.

5. The Tenant has cured the problem.
   If the problem was "curable" and the tenant took the required action within the required time, then the eviction may not proceed.