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What Does the Eviction Process Look Like?

By Al Twitty | August 17, 2020

There are more than 4 million evictions cases filed worldwide each year. Are you being evicted, or are you a landlord who needs to evict a tenant and want to know what the eviction process looks like? There's no need to worry because we are going to detail the process for you.

By the end of this article, you'll know exactly what to expect from the process and be prepared for anything. Continue reading this complete guide that covers everything from the initial notice to the eviction completion process.

The Eviction Notice

Before a tenant can be evicted from the property, they must receive an eviction notice. The eviction notice will state the reason why the tenant is being evicted and will also note the amount of time they have left to leave the premises.

This serves as a legal paper trail in case the eviction ends in court. Should there be any disputes on the eviction, an eviction lawyer can be hired to assist settling the disputes.

Court Filings

If the tenant refuses to exit the premises, the landlord will file a complaint with the court system. This complaint filing will have the tenant forcibly removed from the property by law enforcement.

Once the landlord has filed the complaint, law enforcement will present the documents to the tenant and make them aware that a case has been opened against them. Before a landlord can open an eviction case, they will need a copy of the signed leasing agreement, a record of tenant payment history, and personal information for the tenant.

Final Step

The last step in the eviction process is having the tenant removed from the property. If a tenant still refuses to vacate the property, then the court can order officers to come out to the property and remove the tenants.

It's crucial that you know what the laws are in your state when it comes to having tenants removed from the property. Knowing what to expect will help you to better prepare.

Evictions can be a long process, and some things will make the process longer than it's supposed to be. The following factors can lengthen the eviction process:

  • If a tenant declares bankruptcy, their bankruptcy paperwork will need to be finalized before the eviction process continues 
  • Accepting any form of payment from the tenants will affect a landlord's ability to evict a tenant
  • Additional lawsuits to gain compensation for property damages during the turnaround process for new tenants

The Eviction Process Explained

When it comes to the eviction process, you must understand what will happen and understand possible outcomes. While you should avoid eviction at all costs, there are situations where eviction is the only option.

As a tenant, you're legally bound to make payments for the property you're renting. And as a landlord, you've got to upkeep the property and ensure tenants are compliant.

We hope this guide explained everything, you were looking for! Before you go, take a minute to read a few more of our blogs. We have lots of interesting real estate information for you to explore!

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