- 1). Give written notice. The first step in an eviction is to give the tenant a notice to vacate. If the tenant is renting month to month and does not have a lease, you can terminate the lease simply by giving written notice. Typically the tenant should have 30 to 45 days to leave the property, but that will vary according to the state or jurisdiction in which the property is located.
The notice can be delivered personally to the occupant of the property or mailed by certified mail with return receipt requested. You might be required to wait three days after delivering the notice to file suit in court, depending on local or state laws. - 2
Eviction papers must be filed in court.courthouse with old tyme lamp and flag image by Raxxillion from Fotolia.com
File for eviction. If the tenant does not leave by the deadline you set, you have the right to evict him. To start this process, file a petition with the county court and pay the assigned court costs. The fees associated with this filing pay for the court to process your paperwork, to hear your case in court and for law-enforcement officers to serve the citation. The citation notifying the tenant that she is being evicted will be delivered by a deputy or police officer. - 3). Appear in court. Once the eviction has been filed, you will receive a court date. You must show up and prove your case to the judge. Bring all documents and other evidence you have to court, such as a copy of the notice to vacate and a copy of your eviction filing documents. If you don't have a lease, you will need to supply the judge with any information you have on the tenant occupying the property; this may include a rental application or a contract that was drawn up at the time he moved in.
At the hearing, you will have to prove that you are entitled to possession of the property. You will need to show proof of ownership. At the court hearing, the judge will determine if the occupant must vacate the property and, if so, will give her a deadline. - 4
Police are often involved in evictions.police car up close image by Aaron Kohr from Fotolia.com
File a writ of possession. If the judge determined at the hearing that the tenant must move out of your property but the tenant has failed to do so, you will need to file a writ of possession. The writ must be filed at the county courthouse, and additional fees must be paid.
A writ of possession is a court order for a deputy or police officer to show up to the property and supervise the tenant's removal from the property. Once the writ of possession is filed with the court, it will take several days for law enforcement officers to get the paperwork. At that point, an officer will post a 24-hour notice to vacate on the door of the property. After 24 hours, the officer will return to have the possessions removed from the property so you can reclaim it.
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