Eviction Process – Procedures to Be Followed for an Eviction Process
An eviction process, according to tenancy law in most states, is one that will have to be carried out through the court systems. Many landlords try to carry out an eviction process on their own accord although it is generally not allowed for any reasons. The article below will quickly look into the basic eviction process that is carried out in any state in the U.S. One must however understand that the eviction process is usually similar in process although the notice periods and certain other details may differ from state to state. For example, the eviction process in some states will take just about three weeks while it can take up to three months in some states.
Filing the notice to quit – Eviction process – When a tenant has violated the terms of a lease, the landlord must first initiate the eviction process by serving a notice to the tenant that will inform of the landlord’s intent to file for an eviction process. This notice is usually called a notice to quit or a notice to evict. Some states will require this notice to be hand served or sent through certified mail. The notice to quit will also have to provide information to the tenant about how they can stop the eviction process. If the tenant does not take any steps to rectify their renting situation, landlords move on to the next step in the eviction process as described below.
Going to the courts – Eviction process – The landlord will have to appear before the circuit court or the district court to file eviction proceedings against the tenant. The courts will then set a hearing date for the eviction hearing. The tenant will also have to be informed about the date of the hearing and they will be able to state their case before the judge during this stage of the eviction process.
The actual act of eviction – Eviction process – If the judge rules in favor of the landlord, he or she will issue an eviction order which will give the tenant no choice but to move out of the apartment and also remove any personal belongings. Generally, even an eviction order will give the tenant a few days of time to remove themselves and their belongings from the rental property. If the tenant does not comply and stays back at the rental property, the sheriff’s department has the right to forcibly remove the tenants from the property and also throw out their belongings. That is usually the last resort and it is also the ugliest stage in the eviction process.
Consequences of an eviction process – Eviction process – Though tenants will be able to fight an eviction process, they will be well advised to try to cooperate with landlords with an eviction procedure as a court ordered eviction order is a permanent record that will go against the tenant’s name. Eviction orders will instantly show up in a simple background check and it will be virtually impossible for a tenant to rent again as landlords are usually very wary about tenants who had an eviction in their history.
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