Law
Fact-checked

At WiseGEEK, we're committed to delivering accurate, trustworthy information. Our expert-authored content is rigorously fact-checked and sourced from credible authorities. Discover how we uphold the highest standards in providing you with reliable knowledge.

Learn more...

How do I Evict a Tenant?

Michael Pollick
Michael Pollick
Michael Pollick
Michael Pollick

When the relationship between a landlord and tenant becomes unworkable, the landlord may find it necessary to evict a tenant through legal channels. Eviction is definitely a legal process, and a landlord must follow each step to the letter if it is to be successful. A judge ultimately makes the decision whether or not a landlord can legally evict a tenant, and in many jurisdictions only the sheriff's department or equivalent can actually use force to remove tenants and their property.

One thing a landlord cannot do to evict a tenant is change the locks or otherwise deny physical access to the property. Utilities cannot be shut off, and essential repairs related to safety or sanitation must still be made. Any use of intimidation, denial of access or physical damage to the structure would be considered an illegal act called constructive eviction. Tenants can sue landlords in court for such activities.

A notice of eviction should be posted on the tenant's door.
A notice of eviction should be posted on the tenant's door.

In order to evict a tenant legally, the landlord must first end the tenancy. This means drawing up a legal eviction notice, which may also be called a notice to quit. This eviction notice is more of an official shot across the bow than an actual enforceable order, however. The notice should state the reason for the proposed eviction, along with a specific date the premises should be abandoned. This could be as little as three days for non-payment of rent to several months for a general lease violation or a unilateral decision to end the tenancy.

Landlords cannot physically remove a tenant from the rented property until an official eviction notice has been served.
Landlords cannot physically remove a tenant from the rented property until an official eviction notice has been served.

Once the tenant has received the first eviction notice, he or she has the right to resolve the issue privately. This could mean paying the overdue rent or getting rid of an unauthorized pet or removing a nuisance from the property. If the tenant does make such a resolution, the landlord should not be able to pursue a legal eviction. If the tenant does not respond to the eviction notice by the specified time, however, a landlord can move to the next legal step.

Eviction is a legal process, and the decision to carry one out must be made by a judge.
Eviction is a legal process, and the decision to carry one out must be made by a judge.

Once the time limit is definitely up, and not a minute before, the landlord must file a case against the tenant in a local court. This action is often referred to as a Petition by Owner for Restitution or Complaint in Forcible Entry. The landlord must also provide copies of the lease to the court, as well as a copy of the eviction notice. The court may also require a filing fee. Once the landlord has presented all of the paperwork and paid the fee, the court should provide a time and date to appear for a hearing.

A tenant might be evicted for not properly disposing of garbage.
A tenant might be evicted for not properly disposing of garbage.

Meanwhile, the landlord needs to ensure that the tenant receives all of the legal notices concerning the upcoming eviction hearing. These legals papers must be delivered by a disinterested third party, whether it be a deputy sheriff, a professional process server or any adult not related to or employed by the landlord. The tenant must have physical possession of the court documents in order to be considered served. If he or she is not legally served, the eviction process may have to start over again, with a new court date and judge.

Some landlords find it easier to allow bad tenants to continue occupying a rental property rather than go through the legal process of eviction.
Some landlords find it easier to allow bad tenants to continue occupying a rental property rather than go through the legal process of eviction.

Tenants who have received notice of an impending eviction hearing have the right to provide an answer to the landlord's petition. An acceptable answer might be proof of a rent payment, evidence of wrongdoing by the landlord, or a clear violation of a health code. If the tenant does not provide an acceptable answer or file a counter-suit by the court date, the judge may enter a default judgment for the landlord and the actual physical eviction can take place after a specified number of days.

Law enforcement may need to assist in the eviction of a tenant.
Law enforcement may need to assist in the eviction of a tenant.

If the case goes to a hearing before a judge, both sides can present evidence of lease violations or other complaints. Witnesses may be called to offer testimony. The judge will consider the evidence and render a decision as to whether or not the landlord can proceed with an eviction. If the judge rules in the landlord's favor, the tenant may have only a few days to vacate the premises before a court-ordered sheriff's deputy enters the premises and forces compliance.

Video evidence of a tenant committing a violation can help with the eviction process.
Video evidence of a tenant committing a violation can help with the eviction process.

Some landlords find it easier to allow bad tenants to continue occupying a rental property rather than go through the legal process of eviction. Others may decide to retaliate against tenants for reporting a violation or insisting on timely repairs. However, the only way to evict a tenant legally is to exhaust all other good faith efforts to improve the relationship, and follow the process to the letter in order to get legal relief.

Michael Pollick
Michael Pollick

A regular WiseGEEK contributor, Michael enjoys doing research in order to satisfy his wide-ranging curiosity about a variety of arcane topics. Before becoming a professional writer, Michael worked as an English tutor, poet, voice-over artist, and DJ.

Learn more...
Michael Pollick
Michael Pollick

A regular WiseGEEK contributor, Michael enjoys doing research in order to satisfy his wide-ranging curiosity about a variety of arcane topics. Before becoming a professional writer, Michael worked as an English tutor, poet, voice-over artist, and DJ.

Learn more...

Discussion Comments

doit8484

I am the leasee and the only tenant that has signed the lease. Under the heading "use" it states "premises to be used only for" and my name and my two roommates' names are typed there.

Can I kick out my roommate with my landlord's permission?

Post your comments
Login:
Forgot password?
Register:
    • A notice of eviction should be posted on the tenant's door.
      By: bagraphix
      A notice of eviction should be posted on the tenant's door.
    • Landlords cannot physically remove a tenant from the rented property until an official eviction notice has been served.
      By: Mikael Damkier
      Landlords cannot physically remove a tenant from the rented property until an official eviction notice has been served.
    • Eviction is a legal process, and the decision to carry one out must be made by a judge.
      By: Rob
      Eviction is a legal process, and the decision to carry one out must be made by a judge.
    • A tenant might be evicted for not properly disposing of garbage.
      By: Glenda Powers
      A tenant might be evicted for not properly disposing of garbage.
    • Some landlords find it easier to allow bad tenants to continue occupying a rental property rather than go through the legal process of eviction.
      By: Syda Productions
      Some landlords find it easier to allow bad tenants to continue occupying a rental property rather than go through the legal process of eviction.
    • Law enforcement may need to assist in the eviction of a tenant.
      By: aijohn784
      Law enforcement may need to assist in the eviction of a tenant.
    • Video evidence of a tenant committing a violation can help with the eviction process.
      By: Volodymyr Shevchuk
      Video evidence of a tenant committing a violation can help with the eviction process.