Contrary to general knowledge, eviction is not the action of forcing a tenant off of the leased property. In contrast, an eviction is a legal process by which a landlord or property owner regains possession of (or full legal rights to) the property. Once you lease a property to a tenant, the lease documents legally assign both rights and responsibilities to you and your tenant. It is a legal contract. To void that contract, your tenant must agree to leave willingly, or a corresponding legal process will be warranted.
The initial move of any eviction process is to thoroughly learn the Landlord/Tenant laws in your area. Even though numerous federal laws apply to all conditions, there are moreover different state and even local laws that you have to learn. If you don’t conform to all of the relevant laws, there is a chance that your eviction will fail, and you may need to start all over. For example, you will need to know how much advance notice you are required to give your tenant to remedy the lease violation, how long the grace period is for late payments, how many days you should give your tenant to vacate the property, and so on.
After you perceive and understand the law and how it concerns you, your next step is to give your tenant a Pay or Quit or Notice of Lease Violation. This document is the official notice to your tenant saying that they are in violation of the lease. It should likewise include instructions the tenant can attempt to follow to once again be in compliance with their lease. If need be, try to send this notice by certified mail or another required delivery method and that any stated actions or remedies follow all time periods required by law.
Let’s presume the tenant does not ever respond to the notice or implies that they are unable or unwilling to return to compliance with their lease terms. In that event, your succeeding step is to document your legal grounds for eviction and file a Forcible Detainer with the local court. Depending where your rental property is located, the required documents may include both an Eviction Complaint and a Summons, both of which outline your case for eviction and inform the tenant of the action filed against them. You will need to file your form with the court and serve them to your tenant, either in person or by taking advantage of the delivery method required by law.
After you file a Forcible Detainer, the court will consider your case for eviction and issue a ruling. If the judge rules in your favor, they may even include instructions for the forcible removal of the tenant from the property, if necessary. Without a judgment from the court, you cannot evict a tenant who is resistant to vacate the property.
Despite that the judgment is the legal end of the eviction process, for landlords, the last phase is directing the removal of the tenant and their belongings from the property. In numerous states, landlords can appeal for the cooperation of the local police, constable, or sheriff’s department to remove a tenant. It is illegal for a landlord to intimidate or harass a tenant in every state, even with an eviction judgment in hand. Each state has different laws for dealing with the removal of a tenant and their personal belongings, so keep in mind to follow the law in your area thoughtfully while doing so. If you violate a tenant’s rights, even after they’ve been legally evicted, they could sue you in retaliation, in all likelihood delaying or even overturning your eviction judgment.
A successful eviction is a legal eviction handled cautiously and carefully documented all the way to the end. But really, evictions are additionally delicate issues, mandating time and detailed knowledge of tenant-landlord laws. Why not let the Palatine property management pros at Real Property Management Northwest Chicago Suburbs manage your eviction for you instead? Contact us online or call 847-892-4040 to learn more.