The Tenant Eviction Procedure

If you plan to evict a tenant who has violated the terms of a lease, you need to follow all legal eviction protocol.

The specifics vary from state to state, but generally to evict a tenant most laws require the following:

• A legal purpose for eviction
• Notice to the tenant
• A trial before a judge
• An order of eviction given by the court
• Removal of the tenant from the property

Once you have filed suit, the court sets a date for trial regardless of whether the tenant responds.

If you are going to try to evict a tenant, find legal representation or consider using an eviction service to ensure this process goes smoothly—it is well worth the cost. The judge will hear from both parties during the trial and decide if an eviction is warranted.

You must show cause as to why your tenant should be evicted. If you are denied an eviction, consider whether to appeal carefully. Appeals are complicated and you will need the services of an attorney.

Because a higher court considers eviction appeals, the higher court judge will not be as patient with parties who represent themselves. The deadline for filing an appeal will approach quickly, so seek legal advice as soon as possible.

Tenants who lose an eviction case also have the right to appeal the court's decision. Some state laws require a tenant appeal to be filed within 5 days of the court's ruling; once the deadline has passed, the case cannot be appealed.