Eviction Notice and Your Rental Agreement

At some point, most landlords will have to to face the situation of delivering one of their tenants an eviction notice. Whether it's due to nonpayment of rent, demolition of their property or just a breach of the occupant's rental lease agreement, things are not working well and the occupant doesn't want want to leave willingly, and therefore, he acquires himself an eviction notice.

When this situation happens, by sticking to the exact laws and filing out the correct eviction notice paperwork, you may legally have the renter to leave and have the full support of the sheriff at your back if you do.

To the best of your ability, take on a worst-case viewpoint. Your occupant may seem nice, but you can never be positive how and when things may become different. List out each potential circumstance that could cause the delivering of an eviction notice and write out the reasons in very clear terms in their rental lease agreement. The occupant agrees to all the terms when they sign the rental lease agreement.

When you have decided that giving them eviction notice is the ideal thing to do, organize all of the documents that will prove your case. The rental lease agreement is the most important thing along with any written documentation you have handed to the occupant, canceled checks, notes from neighbors and sheriff's records if they are applicable.

Write up an eviction notice stating the circumstances to the occupant and offering them a time by which he is obligated to vacate.

A Notice to Vacate is the lease complicated kind of eviction notice, this is applicable when the occupant is not in compliance with the rental lease agreement (for instance, by having other tenants move in when prohibited in the rental lease agreement).

A Notice to Pay Rent is applicable if the occupant is late with his rent.

A notice to Vacate because of a Nuisance is applicable if the occupant has been creating unacceptable noise, destroying the property, or otherwise acting in an unacceptable manner.

Communicate with the local County Court and ask to legally present the eviction notice.

You'll more than likely want to bring two xeroxes of your eviction notice and a small filing fee. You'll also want to have xeroxes of all the supporting documents you have acquired regarding this eviction case. The County Clerk may accept them and hand 2 sets of official documents to you: One for you and one for the occupant. They may also give you a court date in case the occupant puts up an argument with regards to the eviction notice.

Deliver the official documents to the occupant. It will have to be served specifically into the occupant's hands. If you choose not to do this on your own, you might contact the county sheriff's office or hire a private process server to deliver it on your behalf. You might also have it delivered it via certified mail, which will require that the occupant sign for delivery, thus ensuring that he received it.

Make sure the delivery of service clause on the reverse side of the summons has been properly filled out and that you have written your signature, then turn it in it to the County Clerk for official filing.

Be prepared for your court date. In a perfect world, the occupant respects the documents and vacates the house. If he decides to argue the eviction, it will be on you to prove your stance in court. When the court date arrives bring all of your documents and lay it out it all as easily and intelligently as you are able.

If the court rules in your favor, ask from the court a writ of possession, which allows you to continue the process of the eviction.

Have sheriff be available at the extra space on the day of eviction to ensure that the occupant leaves without incident.

I would like to make clear that every state has a varying amount of days required for the occupant to comply and you can check to make sure what these time frames are before serving your eviction notice. Any incorrectly served paperwork may cause the eviction process to be delayed and you may have to start from the beginning.