What is an eviction notice?

Owning rental real estate can be very profitable, and it can be a satisfying job because you are providing housing to somebody who needs it. Finding tenants and making sure that the property stays livable and in good repair can be challenging. Perhaps the worst thing about being a landlord is having to evict people from their homes. 

An eviction notice is a document that a property owner must give to a tenant stating that the property owner intends to file an eviction lawsuit. Different states have different eviction laws. In some states, it may only take a few days to evict someone, and in other states, 

It may take months. 

Reasons for Eviction 

Unfortunately, almost every property owner will have to evict one of their tenants at one time or another. The most common reason a tenant receives an eviction notice is for non-payment of rent, but this is not the only reason landlords have to make a person leave their domicile. 

If a person is using an apartment for illegal activities, an eviction is expected. They may also be asked to leave for taking on boarders or running an Airbnb from their rental. They can be evicted for paying their rent habitually late or for causing a disturbance on the property. 

The Process of Eviction

The exact process of eviction varies from State to State. In most states, you will have to warn the tenant that you will begin the eviction process by hanging a notice to leave or pay on their door. The notice will state that they have to pay up within a certain amount of days or go. If the tenant is being evicted for another reason, such as having an illegal pet, they will typically have a slightly longer time rectifying the situation or leaving.

If they still do not pay up or resolve the reason for eviction, the landlord can file a lawsuit to evict. If the judgment is in their favor, the landlord can forcibly remove the tenant from the property.

It is essential to learn the exact number of days you must put on the notice to leave in your State. Once you have obtained an actual eviction judgment, the judgment will provide you with a "writ of restitution." This is a document informing the tenant that you have a judgment against them and that they must leave their apartment or pay you within a certain number of days. Your State will specify the number of days you have to wait before hanging the writ of restitution on the tenant's door. 

Entering a Unit and Removing Property

There are websites on the internet that can provide you with eviction forms written for the laws in your particular State. 

Once you obtain an eviction judgment, you will then hang a writ of restitution on the tenant's door. Some states will make you wait a few days before actually turning in the writ of restitution. The tenant will have a certain number of days to either pay you or leave. If they do not do either one, you will be able to go into their apartment and remove their property.

At the onset of the COVID-19 outbreak, the CDC banned certain evictions. That ban has been extended to June 30th, 2021.

Evicting someone from their home is always a hard decision. However, knowing your State's laws and using the correct paperwork will ultimately make things easier for both you and the tenant.