How can an owner kick a tenant out?

Question

If a tenant does not pay rent on time and does not pay full deposit, what are the ways to kick them out (evict)? Every month, there is no guarantee when they will pay the month, so notices are sent. This month he/she said they are not going to move and still not paying rent. Is that reason enough to try to evict them? What is the formal procedure with attorney? Is there a way that the owner can do the whole process by him or her self?

Answer 1

Before filing to the court, you need to deliver a "3 day notice to pay rent or quit" to the tenant.  After the 3 days, then you can file to the court for "unlawful detainer".  In CA, the law allow LL collect partial rent and still proceed for eviction but not sure in other states.  It's better to have an attorney to do the eviction for you cos' if any mistake happen you'll have to start the whole process all over again.  That's waste time and money.

Answer 2

You have to do it the legal way . Take them to court.

Answer 3

Yes; you can go down to the Municipal Court , and file an eviction against them .... BUT; first ; you need to send them by Certified Mail, return receipt requested to prove they got it , an order to vacate and the reason ......

There are actually eviction forms that you can pick up from most stationary stores that sell legal documents or online where they sell legal documents ....

When it goes to court; they will have to PROVE that they've been paying on time ect ....

Since they can't ; the judge will order them to be out .. usually from 24 hours to 3 days .....

Good Luck ..... I've been thru this and it is a PAIN . IF you have the $$$$ , I'd suggest having an attorney handle it all for you .

Answer 4

1) serve the tenant with an Emergency Eviction notice (for failure to pay rent, late rents etc.)

* must be served by a neutral party; so signed returned mail is good;

or ask someone to serve and take pics or just be noted as the server & witness, or write an affidavit with signature and date stating the fact that eviction notice was served to ____ at _______ on __date____ at approx. time.

* file with the Sheriff office of the county for follow up

2) you MUST allow the tenant at least 30 days (California law now is 60 days) from the day such written notice served, to move out.

Be firm by ONLY use writing notice; including to affix such notice on to the door; always CC: police dept, sheriff office.

Then 3) sit down and PRAY for no damage to your property and the tenant will move out fast enough.

next time screen and interview potential tenant well; or using the property management company who will collect rent, evict etc. for less than 8% during the first year, 1 year contract.

Answer 5

The laws are different in every state/municipality. I don't believe there is any jurisdiction that allows a landlord to evict a tenant himself. You must go through court. The procedures are different in every locality. You're better off getting an attorney. If you're worried about the cost of an attorney, consider the amount of money you stand to lose in the likelihood that you lose and get stuck with a bad tenant for a long time .

Answer 6

You need to evict them through the courts for non-payment of rent.

You need to serve them the proper notices.

I would highly suggest that you use an attorney to evict, especially in California. That is a very tenant friendly state.

One minor error in the paperwork or improper service could force you to have to start the whole process again - losing more time and money.