Sometimes, despite the best efforts of property managers and owners, tenants are unable to pay their rent on time or have violated the terms of their lease. In these situations, the tenant must be evicted promptly so that they do not remain in arrears for an extended period.
Evicting a tenant can often be a complicated process, and it is best to consult with an eviction lawyer or a property manager when needed. Typically there are three types of evictions: voluntary, court-ordered, and self-help. Each of these methods has different legal requirements that must be met for the tenant to be removed from the premises.
Voluntary evictions
They occur when the tenant chooses to move out of the rental unit on their own accord. This can be for any number of reasons, such as not being able to pay rent or violating the terms of their lease. In most cases, the tenant will simply pack up their belongings and leave the property without any further legal action required.
Voluntary evictions procedure
If the tenant has not paid rent or has violated the terms of their lease, the property manager or owner may give them a written notice to vacate the premises. This notice will specify the date by which the tenant must leave the property. In some cases, the tenant may be given a grace period to remedy the situation before being officially served with the notice.
The property management or owner can file an eviction case with the court if the tenant does not comply with the notice and vacates the premises by the designated date. Once the lawsuit is filed, a judge will review the case and issue a ruling. If the judge rules in favor of the eviction, a writ of possession will be issued. This writ will give the sheriff permission to remove the tenant from the property by force if necessary.
Court-ordered evictions
They are initiated by the landlord or property manager and involve a court order being filed with the local sheriff to have the tenant removed from the premises. Several steps must be taken before this occurs, including sending a written notice of eviction to the tenant, pursuing any legal remedies available against them (such as a civil lawsuit), and completing a court hearing.
Court ordered eviction Procedure
- The landlord or property manager must first send a written notice of eviction to the tenant, informing them of their intention to pursue a court-ordered eviction.
- If the tenant does not comply with this notice, the landlord can then pursue any legal remedies available to them, such as filing a civil lawsuit.
- Once the landlord has obtained a court order, they must then contact the local sheriff to have the tenant removed from the premises.
- The sheriff will then serve the tenant with an eviction notice, and they will have a set amount of time to vacate the property.
- If the tenant does not comply with this notice, they will be forcibly removed from the premises by the sheriff’s department. This process can be stressful and often disrupts both tenants and landlords.
Self-help evictions
Some landlords and property managers choose to use self-help evictions, which involve physically removing the tenant from their rental unit themselves. This is illegal in most states, as it may lead to legal action by the tenant against the landlord or property manager. It is best never to engage in this type of eviction unless you have a court order and you involve law enforcement officials in the process.
Whatever method of tenant eviction service used, the tenant must be removed as quickly as possible so they do not continue to incur legal fees or rent arrearage. If you need assistance with an eviction, consult with your local property manager or attorney for guidance.