Posted in Blog  
  on Jul 11, 2012

How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply “boot out” the tenants without filing a formal complaint. There are certain steps, some aspects to look over, and some elements to consider when and whilst you are thinking of applying for an eviction form.

The landlord is thereby legally required to follow the instructions, whatever they may be to apply for the eviction process. He cannot go behind the law and try to boot out the tenants. This will cause legal action on the landlord and end up giving the tenant the benefit of the eviction. The steps are therefore outlined below, and should help you if you are a landlord, and you wish to use these steps to file for a formal eviction of your tenants.

Firstly, make sure you give the tenants the notice for the eviction. You cannot simply barge on in and ask them to leave. There are three types of eviction notices that, depending on the circumstances and your need, you can give to the tenants: the first one being the 5-day notice, the second one being the 10-day notice and the third one being a 30-day notice. Sometimes the landlord presents all three notices.

The second step is that you will wait for the time duration of the notice served to finish. Therefore, whether you have issued the tenant with a 5-day, 10-day or a 30-day notice, you will wait for that amount of time, and then proceed if they have still not left and made other arrangements.

Step 3 is where you will then decide where you want to file the case. Most often, the landlords files the eviction complaint in their own area and vicinity so that the appropriate jurisdiction can do what they have to. Step 4 is where you will then proceed to the courthouse and approach the circuit clerk. Ask him/her for the eviction form. Step 5 requires that you carry on to filling in the form, if there is anything you do not understand then make sure to ask for help. Once the form has been properly filled you will then move onto Step 6, which is to file the complaint formally. Step 7 indicates that you need to send a copy of the complaint to your tenant(s). This is so that they know that the process of eviction is in place and they have been clarified. The last step, Step 8 requires that you wait for the hearing and the courts will be in contact to resolve the eviction process with their power.


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