Landlord: evicting a tenant

Evicting a tenant is a legal process that requires strict compliance with state and local law. A landlord cannot remove a tenant without going through the court system — self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal in all 50 states.

7 steps across 1 sections

1. Grounds for Eviction

  • Nonpayment of rent — most common reason
  • Lease violations — unauthorized pets, subletting, noise complaints, property damage
  • Illegal activity — drug activity, criminal conduct on premises
  • Holdover tenancy — lease expired and tenant remains (subject to just cause requirements in some states)
  • Property damage — beyond normal wear and tear
  • Health/safety violations — hoarding, unsanitary conditions
  • Owner move-in — landlord or family member intends to occupy (some jurisdictions)

Common Mistakes

  • Self-help evictions
  • Serving improper notice
  • Filing too early
  • Accepting rent after serving notice
  • Retaliatory eviction

Pro Tips

  • Consult an attorney before starting
  • Use a professional process server
  • Offer "cash for keys."
  • Keep the property maintained
  • Screen tenants thoroughly upfront

Sources

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