How Do I Evict My Tenant Who Has Failed To Pay Rent?
The legal action that is commonly used to evict a tenant is called an “unlawful detainer” action. Every state has an unlawful detainer procedure whereby a landlord gets a court order to evict a tenant quickly and at low cost. The proceeding commonly requires first serving the tenant with a “notice to quit," which notifies the tenant that the landlord is kicking the tenant out. State law varies regarding how many days notice a tenant is entitled to before the tenant can actually be evicted, but it is usually between 3 and 7 days. The landlord must then wait for the number of days to expire and then file an unlawful detainer action with the court. If the landlord "wins" the unlawful detainer action, then the landlord gets a court order or judgment for possession of the property. It is illegal for the landlord to physically remove the tenant, lock the tenant out or remove the tenant's belongings. In most states, it is the sheriff who will enforce the judgment/court order and escort the tenant out of the unit.
Other Rent FAQs
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Q:
My Rent Was Late So My Landlord Is Charging Me A Late Fee. Is That Allowed?
A: Generally, a landlord may not charge a late fee unless it is specified in the lease. If the lease does allow a landlord to charge a late fee, most states do not … More -
Q:
I Did Not Pay Rent So My Landlord Changed The Locks – Can My Landlord Do That?
A: In most states, a landlord may not use force to evict a tenant without a court order. This prohibits the landlord from changing the locks or retaining the … More -
Q:
Can My Landlord Raise The Rent Whenever He/She Wants To?
A: Generally no. In fact, one of the benefits of most leases is that the rent is fixed for the duration of the agreement. In those cases, rent may only be … More
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