How to to issue an eviction notice to a tenant

By
Real Estate Agent with Investorwize LLC

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Eviction! The ugliest word when it comes to owning your home and renting it out. Eviction are not a nice experience but sadly it occurs. This may be for numerous motives. Perhaps your renters are wild, not reliable, or there are several other disparities. To be able to correctly undergo the eviction procedure, it is essential you know the procedure in order to avoid any disputes that are legal. Not following the proper order could lead to a lot of headaches and problems that could cost you much more in the long run.

 

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Step one in the procedure for evicting renters is sending the proper written notice to them. The timeframe given is determined by the state. Evicting a tenant due to no rent payments requires a three day eviction notice and following records including information regarding the sum of money the tenant owes and demands the renter either pays the total sum possessed or move out within three days, excluding legal holidays, weekends and first day of service.

In the event you would like to evict a tenant for failure to obey the rental agreement, you need to give them a 7 day notice in most states, referred to as the "Notice of Noncompliance". The amount of days could differ in your state so please check your local laws for accuracy. This notice needs to get the appropriate documentation of actions or omissions that constitute noncompliance. It must be definitely say that the lease will likely be terminated in the event the renter fails to "heal the violation" within seven days. Examples of noncompliance include:

 

  • Pets that are unauthorized
  • Individuals living in the home that were not authorized
  • Running a non authorized business
  • Disturbing other tennants
  • Non payments of rent

 

In month to month tenancies, it is possible to issue a eviction notice to the tenant. This eviction notice must be serviced by you 15 days before the date when rent is due in most states. Again check your state laws to see if this applies and how many days you need to legally give.

Also, if your tenant refuses to depart the property or does not obey the eviction and/, you need to serve a Evictions Summons and Complaint. The further activities will take place:

 

You'll be needed to make a replica of the eviction notice and certification of service in the clerk's office.
The court clerk will then notarize the grievance form that is completed. Complaint and the summons should be served by means of a sheriff or process server that was registered. The renter will have 5 days to file an answer together with the court. You need to get in touch with the court clerk to schedule a hearing date in the event the renter does this.

 

In the event the renter does not file an answer, you request a Final Judgment for Removing Renter and need to file a Motion to get a Default Judgment.
The tennant will then have a certain amount of time to evict the premeses and can be legally removed by the county sherrif.

 

Going through this process is not a fun thing to do but it is all in the tasks of being a landlord. If you need to Sell You Home Fast and do not want to be encombered by these processes. We buy homes all cash

Comments (2)

Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Denver Broker / Real Estate Advocate

Always a good idea to remove yourself as the landlord / owner from the emotional aspect of eviction, and hiring a 3rd party to perform that task, period!

Sep 05, 2015 01:59 AM
Geoffrey Jones
Investorwize LLC - Flushing, NY
Sell my home fast - We buy houses

That is correct. Being a landlord is not for everyone.

Sep 14, 2015 09:52 AM