Eviction Procedures

      If after notice, the tenant doesn't move or correct the lease violation, by paying the rent, cutting down the noise, or finding another home for the unapproved new pet within the period specified by law , the landlord can file a lawsuit to evict. That action is usually called a Summery Proceeding, Unlawful Detainer or UD lawsuit.

      The process of removing the tenant from your property and collecting any money due you can take weeks or months depending on your state law and whether or not the tenant contests the eviction in court. Each state has its own specific laws and procedures for evictions. Most states also have established forms, with court-approved language, which must be completely filed out, filed with the court at the correct intervals and served on the tenant.

      Any activity that might be actual or perceived as illegal, threatening, humiliating, abusive or invasive of a tenant's rights or privacy can give rise to a lawsuit against the landlord and property manager.

Landlords must follow state rules and procedures exactly. Otherwise, there will be delays in the eviction process while the landlord re-serves his notices or re-files his court papers. Failure to stick to the rules can sometimes lead to a dismissal or even the loss of the lawsuit, no matter what the tenant violation.

 Although terminology varies somewhat from state to state, there are basically three types of termination notices:

• Notice to pay rent or quit

•  Comply with the lease provisions; Cure or Quit

• Unconditional Notice to Quit

Depending upon state, there may be one or more types of service, including:

• Actual service

• Constructive service

The above topics are discussed in more depth on our members' Evictions Procedures page and in step-by-step detail in our Evictions e-Course .

Non-Members' Homepage