Posted in Blog  
  on Aug 13, 2012

What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a process that a landlord has to follow and if he/she does not follow the process, the issue will just escalate. Those times have gone when you could just rely on your word for keeping a contract between you and the tenant, and then if matters got worse you could just kick them out. Now with the Landlord and Tenant Act in place, there is no way you can evict the tenant without following due process. This is because the legal authorities were involved when you filed the landlord tenant lease agreement. That means that the court is aware of you being a landlord and is able to refer to the agreement when an issue arises.

Since there is a proper process in place in order to carry out an eviction, a landlord should familiarize him/herself with it so that they know what to do once they want to evict their tenants.

The first step that all landlords need to know is that they should present their tenants with a notice of the eviction. Eviction notices exist in three formats but the only difference between all of them is the time period. The three types are the 5-day eviction notice, the 10-day eviction notice and the 30-day notice. These notices act as the warning to the tenants, and the time duration is the period during which they should leave their rental space in order to not face courts and their legal intervention.

The second step is where you wait for the notice period to lapse before you proceed. It is vital to not do anything before the eviction notice has had time to expire.

The third step involves you choosing where you want to file the case. This is important and most commonly, the landlord decided to file the case in their own area.

Step four entails that you make your way to the courthouse to meet a circuit clerk, who will give you the eviction form. These forms can easily be found online as well. It is better to get these from the courthouse so that all the legal aspects of the case are covered. .

The fifth step is where you will fill in all the required details of the form. This is important because you should take your time to do so and if it should be that you do not understand anything, be sure to ask someone who knows and get the form filled completely.

Step six is the filing of the notice, essentially putting the eviction form in the legal authority’s hands.

The next step comprises of you sending a copy of the complaint to your tenant. This not only advises them of the impending eviction but indicates you have instigated the legal process.

The court will then be in contact with both parties and will send out hearing dates and notices. This is step 8 and the final step where you must wait for the hearing and then proceed to see what the court has to say about the matter.

The court decision concludes the eviction process.


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