Please find an excerpt of "How to Evict a Tenant" from the Buildium Blog.

 

With tenants and rental property, chances are you’ll have to evict a tenant sooner or later either because the tenant hasn’t paid his rent or because strange people keep visiting him at odd hours of the night. Whatever the reason, the tenant hasn’t lived up to the terms of the lease agreement and you want him out. The question is, how do you go about evicting him?

 

 

First and foremost, remember that the laws in your state may require different procedures than the general advice in this post, so get familiar with the rules in your area and get yourself a good lawyer – preferably one that specializes in landlord/tenant disputes.

 

With the legal disclaimer stuff out of the way, let’s look at some general eviction steps that apply in many states. As the real estate law section of FreeAdvice.com says: The process of eviction is a very fast one compared to other kinds of legal actions. The trade off is that the landlord must do everything exactly right.

 

 

Step 1: Give notice – The very first step is to give the tenant notice. This notice can take many forms.

a.     Nonpayment of rent – If the tenant has breached the lease provision that talks about paying rent on time, you’ll typically send a “pay rent or quit” notice that says you’ll begin the eviction process if the breach isn’t cured within a certain number of days... Visit the Buildium Blog for the rest of the post.

 

3 Comments on How to Evict a Tenant

OCT
07
2008

In Florida, you give a 3 day order to pay or vacate.  After the third day, you submit a copy and some other forms to the courthouse and they send the sherrif who gives them 5 days to leave or appeal.  Then, it's bye bye!

1:19pm • #1
OCT
14
2008

Randall,

Thanks for the info.  It seems like a quick process in Florida.

-Mike

8:54am • #2
JAN
23

Wow, Florida sounds like the ideal place to invest. In my area of NC, you have to give notice, wait 10 days, file a Summary Ejection, wait for a court date (usually 2 weeks), win the case and wait another 10 days, go back and order an execution for the Sheriff to lock the tenant out and wait again...this time who knows for how long. I am currently waiting for the Sheriff department to schedule a lock-out date that I ordered on Nov. 4th, 2008.

9:08pm • #3

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Michael Monteiro

South Boston, MA

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The Buildium Blog is all things Property Management. Intended for Property Managers, Landlords, HOA's, Condo Association and anyone interested in managing real estate. Our goal is to be a top resource for those seeking property managements best-practices. We encourage participation and feedback from our readers to enable us to offer the best property management information on the web.


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