How Can I Evict My Tenants for Non-Payment of Rent?
- 1). Give the tenant written notice. You are required to give the tenant three days notice before filing for eviction for non-payment of rent, which you must post, mail or hand deliver. Consult a lawyer about the wording of your notification forms so they include all of the information required by your jurisdiction. Although the information required does vary depending on where you live, most counties require the name of the tenant, the address of the rental property and the specific amount of rent owed. In some counties, you can pick up notification forms at your county clerk's office or you can write your own.
- 2). File a case with the county court. If the three days pass and you do not receive payment in full, you can file your case and start the eviction proceedings. The filing fee varies from county to county but expect to pay at least $100 plus the cost of having your tenant served. You can find the paperwork at your county clerk's office or on their website. You need to file a copy of the three-day notice with the courts at this time, too.
- 3). Appear in court. After filing your case, a hearing will be scheduled. The date of the hearing is usually 7 to 14 days after you file. The landlord and the tenant should appear. If the tenant does not appear, a judgment in favor of the landlord will automatically be granted. Otherwise, you may need to provide proof that you followed the correct procedure and maintain the habitability of the rental unit.
- 4). Take possession of the rental unit. If you win the court case, the eviction date for the tenant will be scheduled approximately three to seven days following the hearing. Some tenants may not move out by the scheduled date. In that case, you can contact the sheriff to enforce the judgment and change the lock on the premises.