Every property owner who rents a residential or commercial property to a renter will face the day the tenant is not able to pay the lease. When this occurs the landlord will have to kick out the occupant for nonpayment of the rent. Every state has procedures for eviction. Here is your guide to the eviction process when you need to get rid of an occupant that is not paying their lease.
The eviction process is different in each and every state. Despite the requirements in your state, every state has some similarity in their eviction procedure. The basis of the eviction process is detailed in the list below:
- Tenant cannot pay the lease
- Property manager files eviction documents at the county courthouse
- Sheriff will serve the renter with the eviction notice
- Renter responds to the eviction notice within a specified time frame
- Court date is designated for the eviction hearing
- Both the plaintiff and the defendant present their case during the court hearing
- The court gives the tenant a number of days to pay the lease or be evicted
- If the renter does pay the back rent due as specified by the judge, property manager gets a writ of possession started
- The Constable delivers the WRIT and executes it if renter does not move out
The eviction procedure is the same in every state as listed above. The differences might be available in where in some states the Constable will serve the eviction notice while in other states it is the Marshall’s workplace or a personal process server. In most states the tenant is given 3 to 5 days to pay in full or move out. If after the date determined by the court the tenant is still in the house the constable will enforce the WRIT.
If you are going to evict a tenant and remove their valuables from your home, you should have the Sheriff present. You cannot remove the occupants possessions yourself, this is prohibited by law and requires a court order and the presence of a Constable. This is called a self-eviction and it is unlawful. You might be irritated that an occupant remains in your home or business without paying rent. Do not let this disappointment lead you to evict an occupant without following the appropriate legal process in your state. The only method to set up the eviction with the Sheriff is if you have your writ of possession. The only method to obtain the writ of possession is if you have filed the eviction law suit and had the court has handed down a judgment in your favor.
Each state has their own procedures for evicting occupants that do not pay rent. If you are a landlord you need to be familiar with the eviction procedure in your state or find a qualified attorney.
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