- 1). Deliver a lease termination notice to your tenant. The lease termination is the first step in the eviction process and is not filed through a court. The termination notice gives the tenant the ability to fix the problem or leave the premises without forcing you to file an eviction. Most states restrict you to terminating a lease for very specific reasons only, such as nonpayment of rent or ignoring a lease term. The notice period for the termination also varies from state to state and reason to reason.
- 2). Make copies of the written notice and the lease agreement if the tenant does not leave after the termination date. Go to your local housing or district court and file the eviction lawsuit paperwork with the Clerk of Courts. Most states require you to fill out an eviction complaint form and a summons form. You can arrange a private process server for the tenant or ask the Clerk for assistance in arranging the court summons.
- 3). Serve your tenant with the summons. If the tenant does not file an answer to the summons you are granted a default judgment of possession.
- 4). Attend the court hearing if the tenant files an answer to the summons. Bring copies of your written notice, lease agreement and eviction complaint. Explain the reason you are evicting the tenant and provide evidence supporting your complaint. Nonpayment of rent can be proved with rent ledgers and unpaid invoices, while witnesses, photographs or police reports may be used to prove a breach of lease terms.
- 5). Request a Writ of Restitution or Possession if the tenant refuses to leave after an eviction judgment is rendered against him. The sheriff uses this writ to legally evict the tenant off of your property. Once the tenant has been removed you can take full legal possession of the rental unit, change the locks and rent it out to someone else.
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