Irresponsible tenants are not only stressful to manage but they can put a serious dent in your cash flow. Dealing with a bad tenant may cause a landlord to immediately assume he can move forward with an eviction. Evictions, however, must be handled delicately or you could be forced to allow the tenant to keep living at your property. Or worse, you could end up owing your rule-breaking tenant money.
It is important to avoid harassing or threatening your tenants at all times. If you have an irresponsible, rule-breaking tenant you cannot do the following things in the hopes they will move:
- Change the locks
- Harass or threaten the tenant
- Shut off Utilities
- Hire a moving service to remove all tenant belongings.
Additionally, a landlord cannot simply file an eviction notice. State and local laws establish detailed requirements for legal eviction procedures. Basically, legal reason for termination has to be identified and legal notices have to be sent before you can move forward with an eviction.
This guide provides general guidelines for a standard eviction process. It is very important that you check with your state and local laws about legal eviction practices and speak with an attorney.
In order to move forward with an eviction, you must first terminate a lease agreement or tenancy. This usually has to be done in writing, in a specified way or form. Once you have given proper notice, if a tenant does not fix the lease violation or move out, you can then file a lawsuit to evict a tenant.
What is an eviction?
An eviction is a lawsuit that is filed against a tenant, sometimes called an unlawful detainer or UD lawsuit. In order for a landlord to win an eviction case that forces a tenant to be legally removed from a dwelling, the landlord must prove that a tenant did something wrong that justifies ending the tenancy. Additionally, if the pre-eviction procedures were not followed exactly, according to state requirements, the eviction could be ruled in favor of the tenant, costing the landlord extra money.
What are pre-eviction procedures?
In order to move forward with an eviction, you must first terminate a lease agreement or tenancy. This usually has to be done in writing, in a specified way or form. According to Nolo, there are 3 basic types of termination notices that a landlord may issue to a tenant that has violated a rental lease agreement. A tenant may be forced to end their tenancy for lease violations referred to as termination for cause.
Notice of Termination for Cause
- Pay Rent or Quit – This official notice is typically delivered to tenants who have not paid their rent as outlined in the lease agreement. The notice will outline the deadline for payment, the amount of rent and late fees that are now due, and the instructions for payment. The notice usually gives tenants 3-5 days to pay rent or move out (“quit”). If the tenant does neither in the designated timeline, you can move forward with filing an eviction.
- Cure or Quit Notice – This notice is typically sent to tenants after they have violated a lease term, like having a pet in a pet-free property or smoking in a smoke-free area. Like Pay Rent or Quit, the Cure or Quit Notice, usually gives a tenant a set amount of time to fix the issue (“cure”) or move out. Depending on your state, cure or quit notices can involve a 3-30 day fixing period. – For example, Virginia requires notices allow a tenant 21 Days to cure or 30 days to move.
- Unconditional Quit Notices – In some cases, a landlord can send a notice to a tenant that requires them to move without a chance to fix the situation. According to Nolo, only a few states allow landlords to send unconditional quit notices for reasons like:
- Repeatedly violating a significant lease clause
- Seriously damaging the property
- Engaging in illegal activity, such as dealing drugs on the premises
Notice for Termination Without Cause
Landlords may usually use a 30-Day, 60-Day, or 90-Day Notice to Vacate to end a month-to-month tenancy when the tenant has not done anything wrong.
However, a city that allows rent control may require a landlord to prove a significant lease violation before terminating a rent control tenant. These laws are known as “just cause eviction protection.” The San Francisco Tenants Union outlines some Just Cause Eviction information for legal reasons to terminate the tenancy in a rent control unit.
Eviction Lawsuit
Once you have properly notified a tenant with a termination notice, if they do not fix the issue or move within the timeline outlined in the notice, you can move forward with filing an eviction with the court.
Once the landlord submits the required paperwork to their local court, the court will process it and schedule a hearing date. The time between filing in court to getting a court date varies greatly between different court jurisdictions and can be between a couple of weeks to a few months. It is critical that you file your complaint as soon as the notice period expires and to make sure all procedures are followed to avoid unnecessary delays.
The Next Steps
After filing an eviction lawsuit, the landlord and tenant will be given a court date. If the judge rules in favor of the landlord, he will issue a Writ of Possession. A “Writ of Possession” is a document distributed by the court when a judge rules to return possession of the rental property back to the landlord.
ezLandlordForms offers the following information regarding “Writ of Possession”
The landlord should make sure there are no specific requirements to obtain or serve a Writ of Possession. Most often, a sheriff or constable will serve the tenant with the Writ of Possession, informing them that they are to leave the premises by a certain date and time or they will be forcibly removed. Writs of Possession are governed by state and local laws, which differ from jurisdiction to jurisdiction.
On eviction day, in the best circumstances, you tenant will have already move out. In the case they have not, a sheriff or other authorized person will arrive to escort the evicted tenant off the property. Once a tenant is legally removed from the property, the landlord should immediately change the locks and follow state laws for removing the tenant’s abandoned property.
Pro Tips: Make sure that you are familiar with the language of the lease being used before you attempt to serve the tenant with a pre-eviction notice. Remember if you attempt a DIY eviction, like changing the locks, you may find yourself on the other end of a lawsuit in court.
It is equally important to remember that all landlords must adhere to state and local laws and forms, and follow the timeline exactly since evictions can be a long and expensive process. A local attorney familiar with landlord-tenant laws in your state will be an important part of a successful eviction.
This article was first published in June 2016 and has since been updated. Note that the eviction process in your area may be affected by COVID-19 moratoriums.
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I own my landlord about $8000.00 in rent & legal fees they always file one month rent and future rent I pay this each time although I’m still behind the landlord will try and have me to make another payment when another eviction is schedule without a court order can they do this?
It might be time to speak with an attorney who specializes in helping renters with eviction cases. He will be able to provide you with the most appropriate advice.
Hey, I’m in Oregon and am curious when you receive a 30 day notice no cause does it have to be the date from which you receive it? Because I received one and I wasn’t even home for 9 days before I received. It was just thrown under my door
I believe that the notice starts on the date of delivery, it is not your landlord’s fault that you were out of town when the notice was delivered. A nice landlord might give you a little bit of leeway if you explain this to them. But I don’t think they are legally required to.
Oh I’m sorry I had to add more. It also states that I cannot any longer have my dog on the property. He’s been with me ever since I moved in. Are they allowed to do this? She’s saying she has allergies but the minute I had my dog stay with friends she got a cat that’s indoor.
Is there a section of the lease that says you are allowed to have a pet? Your landlord cannot change lease terms, mid-term. They would have to have you sign a pet addendum that changes the conditions of the lease before making you get rid of a pet.
Hi im had a home build. Back in 2008 for me and my wife for low income all we had to do is own the house and land that was all ready standing there and so we did so they approved us. To have a new home built for i was disabled and so was my wife all we had to do was keep fire inc up and land taxes up and we were doing that just fine till 2015 jun 5 my wife past away and i lost half of my income and couldn’t keep it up i tried to get it cought up but could im on a set income and trying to pay all of my bulls i just couldn’t do it for my pay for disability was 840 a month now they for closed on my house that i have been at this address for 25 years the only. Home i have had and no now there trying g to evict me out im welling to leave but need help doing so so how do i go about getting cash for key. Plus my uncle leaves there with me
my tenant had been repeatedly entertaining visitors until late hours and disturbing the sleep of other occupants who are going to work early am.as a result tenant and other occupant in a room had a fight and cursing each other and resulted in a restraining order filed by the other
occupant. Do I have the right to give unconditional 3 day quit .
this is a room rental only and no lease agreement except a written agreement
Check you state laws about providing a 3-day notice to cure or quit for dangerous tenant behavior. Typically, a tenant is required to be safe towards the property and other occupants as a state law tenant responsibility.
I went to court for past due rent. I moved amd 2 weeks later my car was towed. I’m thinking it’s illegal. I never signed anything in my lease agreement to include my car. I live in Tn what can I do everything Ive looked up says it had to be on the landlords property but it wasn’t it’s owned by someone else plus new lo
cation
My name was added to the lease, but the landlord only served eviction papers on my friend although we were both responsible for rent. The courts clerk office said the landlord did not list my name and would need to file against me for the property. Is that so?
Can I get evicted for not signing my lease for incomplete work orders which is not being repaired but closed cas work was never done by maintenance?
If you did not sign a lease and thus have no legal right to live on the property, yes you can get evicted.
Property was quick deeded to me and I want to move in the property but there are tenets there now. How do I inform them I own the property and they have to move within 30 days of my notice and any damage to the property will be their cost?
You need to follow your state’s laws about a no-cause eviction. Some state’s allow 30 days, other states require 90-days. It just depends on where you live. If the tenants are on a term lease, you must finish the length of the lease.
I’m needing help with never received a notice that property was being sold until a few days before new landlord takes over but I’m in a year’s lease I’ve withheld rent due to not fixing emergency things like heating electrical problems Windows doesn’t open outlets problems tolit problems. Sink problems spiders every where landlord been promising to fix all these problems but never did now new landlord i don’t know what to do?
New landlord took over a few days ago what’s my rights
Lananna, I’m sorry you are facing this situation. Withholding rent for any reason is never a good idea as that breaks your rental agreement/lease and leaves you vulnerable to eviction. In some states, there are specific regulations that would allow a tenant to deduct a portion of rent for the amount they paid for a repair that affected habitability.
First, I would suggest you contact your new landlord as soon as possible to discuss how you will catch-up on your rent payments. Then ask how they would like you to document and report any repair and maintenance concerns. Lastly, you could contact your local housing authority. They will be able to let you know what responsibility and timing your landlord has to correct maintenance concerns and also which concerns you are able to pay for yourself and deduct from the rent — if any.
I was never even a 3 day notice I was in a car accident on April 13 my mom called the landlord and told her what was going on and that evening I had a voice mail stating if I didn’t make a payment by that Sunday that I was going to be evicted so I was going to make the payment but after I found out that I was going to be out of work I didn’t so she was demanding her are get out so she filed the eviction notice I couldn’t go to court so 3 days later she text and told I need to move out within 24 hours like I said I never received no other type of notice
I think your landlord still needs to give you official notice, depending on your state laws. I don’t think a judge would grant an eviction if the landlord didn’t have proof that official notice to cure or quit was given. Keep in mind, that your landlord is well within her rights to move forward with the eviction process if you did not pay rent.
I realize this is almost 9 months old but why do people expect landlords to shoulder each and every one of their tenants problems? I’m sorry you were in an accident, but how is that your landlords problem? She has bills to pay also! Not all landlords are rich people! And even if they are, so what! It’s not up to them too pay your bills or wait on you to get better! Borrow money from your FAMILY OR FRIENDS! PAY YOUR DAMN BILLS! Your landlord isn’t your mommy! Grow up.
Wow disgruntled landlord? People with hearts do empathize. My advice is if the landlord is this cold hearted and this inhuman, then future encounters will likely follow this same pattern. Best advice when able to do so, find a more understanding and personable landlord and not one who forgets where they came from and what life can throw in their way. Heaven forbid these landlords ever suffer an accident or something to prevent them from work.
Best of luck to you
i think a better question than “how is it the landlord’s problem” may be…how is it that these people simply seeking guidance in difficult times is YOUR problem? why does this get you so worked up? gonna give yourself a coronary or conniption if you keep this up. 😉
Can I get evicted
for not paying the rest of the move in deposit ?
If it’s in the lease and you are breaking a condition of the lease, then yes.
Can my lien holder evict me for not paying my rent by the first when our lease doesnt specify when i have to pay my payment each month
Check your state laws, some state’s have a laws that if no date is specified, then rent will be due on the first.
I have been living in this apartment for over five years with no legal lease just a verbal agreement I have been laying my rent with personal check and the is no payment in arrears. I recently receive a notice to non renew my lease which I never had in the first place my landlord given me 60 day to evict the property claiming she need to do repairs.can she legally do that?
Even if you don’t have a written lease, your landlord must follow your state’s laws for providing notice to vacate and end the tenancy. It doesn’t sound like you are getting evicted, just that your landlord is deciding not to rent to you by certain date. This is sometimes referred to as a “no-cause eviction” but remember it does NOT mean you are getting evicted. I would check your state and local laws about no-cause evictions, sometimes a landlord must give you additional time to move out or other conditions might apply. Good luck!
Can a complaint joint action forcible detainer-rent/damage be corrected after receiving a court day? We notice some mistakes shortly after we got home from filing an the eviction.
I would ask your an attorney familiar with evictions in your state. Good luck!
My daughter has lived with my husband and me for years. We never had a formal agreement. We do not get along frequently. She is 40, my husband is 70 and I am 68. I want a peaceful abode. This week, during a discussion she shoved my laptop into me, closing the top on my tummy. I cannot accept this aggressive behavior. How do I make her move out. She has recently been paying rent.
I am sorry to hear about your experience, that must be really tough to deal with. If your daughter has been paying rent, then you must go through an official eviction process per your state laws, even if she is family. I would also file a police report about any violence, this will help you with your eviction hearing. Good luck!
Hi, I am in need of advice re: the IL (Chicago, Cook County) eviction process for a person at the residence who is not on the rental lease and is not paying rent. This person was my boyfriend (we have broken up) but has been emotionally abusive, physically aggressive and physically assaulted me severely last night (choking, kicking me in the chest and stomach with doc martens on, throwing me to the ground, throwing me against the wall, etc).
I am fearful of retribution if I file a police report or seek an order of protection, as he has made
it clear that he will seek some type of revenge on me if I do so.
What are my options to require him to leave as soon as possible, without making a report to the authorities?
You might need to work with the authorities to get a restraining order against this person who is putting you in danger. Then you would have legal rights to require him to leave. You should contact your local housing authority for advice. And I strongly advise you seek help from a local domestic violence organization who will have more tips on your rights and how to discretely get the. help you need. Wishing you strength and a positive outcome to this scary situation.
Hi – We have water damages to the floor in our apartment due to our fault. We are moving in August (end of our lease). The water damages do not impact any other apartments, and are not noticeable in our apartment – no safety issues. The landlord said we must pay now, even though the work is not being done (re-sanding the floors) until we move out. I told him I was not comfortable giving him money upfront when this would be considered damages that we would take out of our security deposit when we vacated the apartment. To that he said he would do the work now then, but this would require us to move all the furniture out of the apartment. I told him this would be very disruptive to us, not to mention we would need to hire movers to move all the furniture out of the apartment. He is now saying we are in breech of our lease if we don’t let him to the work now or pay him upfront. We have lived in the apartment for 6 years, and have never missed a rent payment or been late. Last month, he emailed us and accused us of not paying rent and charged us a late fee. I wrote back to tell him that was not true and we sent him the payment as usual. He then deposited our rent check and said he “found it” in his office. Is it against the law for us to refuse to pay him upfront or to do the work now? Isn’t this to type of issue that comes out of a security deposit? Thanks for any advice.
I would think you have to let him complete the work now. Since it was damage you caused, you will probably have to cover the cost of additional living expenses if you have to vacate the property for a small amount of time while the work is getting completed. I would ask for agreement/notice in writing stating how long the work will take to complete.
My landlord has not had me sign a lease every year. The last one I signed was in 2016 I think. Anyway. How do I know if that makes me a month to month rental and how does that make it legal for my landlords son to threaten me to move out an him draw up an eviction notice? I am behind on my rent but she my landlord is working with me and has never given me any receipts the 5 or 6 years ive lived here. What do I do?
Hi JoAnne, if your lease expired you are automatically on a month-to-month agreement. Being on a lease would not protect a renter from receiving notice. Additionally, an eviction notice can be served anytime a renter is behind on rent regardless of how often they have been allowed grace and/or a payment arrangement in the past. Not every state requires a landlord to provide a receipt so you may want to check with your local housing authority to find out if that is a requirement in your area.
I live in a group home and the house manager and the landlord told me I have to move out they have not yet served me with any paperwork if have several sour grape issues now that the liberalism is removed I probably should have reported them to someone cats,wild animals,bullying, a person that regularly hants animals in the back yard (like jed clamped only a true sociopath) any suggestions?
Hi Brian, Depending on the type of group home and the location, the eviction process may differ. I would certainly review the paperwork you signed on move-in, reach out to a local legal service office, and contact your local housing authority. Lastly, If the group home is a long-term care or assisted living facility there may be an ombudsman you could speak with (https://theconsumervoice.org/get_help).
Hi Kaycee, What is the easiest and quickest way to find out about how long eviction proceedings take place in my state? And, as a tenant, how long does that procedure usually take?
I would contact your local courthouse and ask them this information. They will be able to tell you how they process evictions and the timeline.
Great! thank you for this information.
What if the tenant breaks the 60 day vacate notice they provided the landlord? The tenant provided a 60 day notice received 2 extension by a lawyer appointed document and never left after 2nd extension and now stopped paying rent. What’s the next step?
Also, what if this tenant is a drug dealer and user, using this unit to sell and use as a trap house? Police seem unwilling to help. How do I go about getting evicting the tenant especially if I have evidence (text and security camera footage)?
Hi Julissa, this sounds complex for sure. If they have not vacated after the extensions, nor paid, it may be time to start an eviction process. Check with your lawyer and the local and state regulations on the appropriate steps when handling evictions properly.
As for drug-related activity, please take care and don’t take matters into your own hands as that could be extremely dangerous. You may want to inform the police of your safety concern while processing an eviction and ask what they suggest you do to protect you and your other tenants. Also, ask if they have a drug task force department or how to reach your district Drug Enforcement Administration (DEA).
My mother just died of covid and while puting her stuff in storage there are months of messages of her asking her landlord ti make repairs. After getting to the rental I saw a wall open about 8 ft across no insulation or nothing right at my moms head of her bed and multiple times he saying he was coming and never showed. His actions may have inhibited her ability to recover or even resulted in her death.
My heart goes out to you Amanda. I can’t imagine what you must be feeling right now. I don’t know which direction you take the information you found, and I can’t offer any advice but wanted to let you know that someone was here to listen to your concern and cares.
I was approved for an apartment..Moved in then 3 weeks later I’m told I have to vacate due to a management mistake with calculations of income…Or I will be evicted can this happen
I am unable to offer legal advice but if you’ve signed a fixed-term lease than likely they are bound to honor that lease. If it was a managers mistake, perhaps you can speak with their supervisor or corporate office. I would also suggest to contact your local housing authority to discuss the situation and type of agreement/lease you’ve signed — they should be able to help you decide if you need to seek legal council. Secondly, in the event they proceed with an eviction, make sure you keep records of all communication and documentation (especially the acceptance letter, copy of signed lease, notices, letters) that you receive as well as copies of any thing you’ve offered in writing.
I have live /rented my home for 16 years I have a TBI and my new landlord wants me to vacate so he can move in I live in NYS not the city. Do I have a leg to stand on to fight this?