Eviction is a tricky process, and may be quite frustrating, expensive, and time-consuming for landlords. While every state has various eviction forms and laws, there are some general threads among all states, and the process is approximately consistent between states. Here’s how a ordinary state’s eviction process functions:

Step 1: The landlord serves the renter with an eviction notice after the late payment grace period has expired, the landlord may serve the renter with an eviction notice, announcing them that they have a definite term within which they must bring the rent current, or the landlord will file for eviction in rent court. This period varies anywhere from 3-14 days typically, depending on the state, and you’ll need to send a specific eviction notice for your state, so make sure you use a state-specific form.

If you want to evict your renter for something other than non-payment of rent, there is often a different eviction notice you must send them, and you should list the lease agreement violations. Often, the tenant will have a chance to correct the lease agreement violations, within a specified term (also 3-14 days, typically).

Step 2: File for eviction in rent court if the occupant fails to fix their lease agreement violation during the allowed period, you can file for eviction in rent court. Every state (and sometimes each municipality) has a different form you should file, so make sure you use the correct eviction form. Several states demand you to send a copy of the form to the tenants, so make sure to follow your state’s laws on this point.

Step 3: Your local rent court sets a hearing date this being a democracy, the occupants must have a chance to rebut your claim that they’ve failed to pay rent, or violated the lease agreement in some other manner. So, the court will set a hearing date, at which time you have to come and address the judge if the renter appears to contest the eviction. In most situations, the judge will rule in favor of the landlord, in a typical failure-to-pay-rent situation.

Step 4: The sheriff’s department establishes an eviction date from rent court, your case will be referred to the Sheriff’s Department, where the sheriff will determine a date for the eviction. They will typically either mail or post a copy of the Notice to Vacate on the property, and the renter should be out by that date. If the tenant is not out, or has left some of their belongings at the house, then on the eviction date the sheriffs will go in, and allow you or your agents to change the locks and remove the tenants’ things.

The rest, of course, is clean-out, maintenance, repairs, and showing the house to new lease applicants, which is all an art in itself. Good luck, and be quite cautious to keep to your local eviction laws, as any breach may result in delayed evictions or even lawsuits.

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