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Eviction

Start the process of a legal eviction.

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Eviction FAQs

  • How much notice to vacate do I need to give for late rent?

    In depends on the local housing laws, but often you must give three to ten days notice. If the tenant does not pay rent before the end of the term, you can file a complaint with the courts. To start the process, you need to deliver an Eviction Notice. The notice will state how much the tenant owes, when they need to pay it by, and what happens if they do not pay.

  • Do I need a lawyer to evict a tenant?

    In some situations, you may need a lawyer to legally evict a tenant. Whether you need to hire a lawyer or not is often dependent on how many units you manage. Even if you are not required by law to hire a lawyer for an eviction, it can be helpful. A lawyer familiar with local landlord-tenant laws can help make sure you do not violate any local or federal housing laws during the eviction process that may make you lose the case.

  • How can a tenant try to fight an eviction?

    The eviction process has two sides, the landlord and the tenant. Once a complaint is filed, the tenant has the right to respond. If the tenant simply owes rent and pays everything due, that may stop the eviction process. If the tenant has asked for repairs to be done and they were not done, that may give the tenant cause to contest an eviction. If the eviction process is not handled correctly, that is another reason a tenant can fight the eviction. In order to win your case as a landlord, you need to follow all eviction and housing laws. Working with a lawyer can help to make sure you follow the legal process required.

  • How long does an eviction take?

    In most cases, less than a month. If your tenants do not comply to the notice to vacate, you can file a complaint with the courts and receive a court date. If you win your case, the tenant will have to move within a few days of the decision. Keep in mind that the process may take longer in rent-controlled areas. Some states may impose other limitations. However, in most areas, the process is rather quick and if the tenant doesn't vacate, local law enforcement officers may escort them off the property. If the eviction is for something other than not paying rent, it may take a bit longer and you may be required to give longer notice. If you have more questions about the eviction process, ask a lawyer.

  • What do I do with belongings left in the rental property?

    Often tenants do not have the time or resources to move their possessions before the "set out" date. Every area has different rules; however, in most areas, you can simply move their items to a storage facility and charge the tenants for the cost of storage. Some local laws require you to arrive at the set out with movers, boxes, and a locksmith to accommodate the process. Once you move the items, you can let the tenant know how they can recover their belongings. You might also give them a compliance date, which is often 30 or 60 days. If they do not recover their items, you can sell their things and apply the raised amount to their debt. You may also be allowed to donate low-priced items to charity. In some areas, you can simply place the left items on the curb, but it is not recommended even if it is technically legal. Their items may include sensitive documents or medications and their belongings will most likely be rifled through. In some areas, if their items are damaged, you may be held liable. If you have concerns, ask a lawyer about the best way to handle tenant property after an eviction.

  • How do I fill out a 3-day notice?

    A 3-day notice may be issued by a landlord to a tenant who is late paying rent or has violated some other part of the Residential Lease Agreement. A 3-day notice may contain the following information:

    • The full name of the tenant(s).
    • The landlord's name, address, and telephone number.
    • The address of the rental property.
    • The reason the 3-day notice is being served. For example, behaviors that breached the lease or a failure to pay rent, including dates and a detailed description.
    • If the reason for the 3-day notice is for a failure to pay rent, it may include a statement that rent was not paid timely, and it may include the exact amount of rent due as well as when the payment is due.
    • A clear statement that if the issue is not resolved or rent is not paid, the tenant will have to move out once the three days have elapsed.

    Following the proper procedures for creating and serving 3-day notices is very important, and the details may vary between different states and local governments. Ask a lawyer if you have questions about the specific requirements in your location.

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