How to legally evict occupants?

By Tenant

Legal occupant by definition is someone who has the legal right to stay or live in a rental property that is often backed with a lease agreement. Legal occupant who is unable to pay his rent and his other obligations can frustrate a landlord and may cause the landlord to evict him out of his rental unit.  By the time the tenant is evicted, he would be asked to go to court for the matter. By doing so the judge will determine if the process of eviction was done legally and who must pay for whom.

Here are some steps to follow to evict a legal occupant.

• Notice to quit. Before filing for an eviction case to the court, landlord must give a notice to quit to the tenant. Notice to quit usually comes with a 30 day or 60 day grace period (depends on your state law). You can check your state law for the number of days though.
• File a lawsuit. After serving a notice to quit to the tenant and the grace period is up but still the tenant refuses to move out, then that is the time a landlord can file an eviction case at the local courthouse. The eviction papers must contain the complete name of the tenant and the address plus a detailed reason why the tenant must be evicted from the rental unit.
• Pay the fees. After filing the case the landlord must pay for the filing fee, which varies by jurisdiction. Once the paperwork is submitted and payments were made the court clerk will now schedule a hearing date and time. The court will now then serve the notice to the tenant to let him know that an eviction case was filed against him.
• Wait. After a verdict is made, the landlord must wait for the mandatory number of days ordered by the court for a tenant to leave the property. If still he won’t leave then you can call the sheriff to have him removed from the property.

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