Evicting a tenant is often a last resort for landlords, but understanding the legal eviction process is crucial. Eviction laws vary by state, but the overall process must follow specific guidelines to ensure that landlords are compliant with federal, state, and local regulations. Evictions that do not adhere to legal standards can lead to significant delays and costly legal battles, so it is essential for landlords to be informed.
Table of Contents
Step 1: Understanding the Grounds for Eviction
The first step in the eviction process is determining whether you have valid grounds to evict the tenant. Common reasons include nonpayment of rent, lease violations (such as unauthorized occupants or pets), or illegal activity. However, landlords must ensure that they are not attempting to evict a tenant based on discriminatory reasons, as this could violate the Fair Housing Act.
According to the Proceedings of the National Academy of Sciences, approximately 2.7 million households in the U.S. receive an eviction filing each year. This staggering number highlights the importance of landlords being well-versed in the legal process to avoid contributing to wrongful or unlawful evictions.
Step 2: Complying with the CARES Act
Although the eviction moratorium that was enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act ended in 2020, landlords who manage properties covered by the act must still adhere to specific guidelines. The CARES Act established a 120-day moratorium on evictions for tenants in properties that participate in federal housing programs or that have federally backed mortgages. While the moratorium is no longer in effect, landlords are still required to give a 30-day notice to vacate, as opposed to the typical 3- or 5-day notice for properties not covered by the CARES Act.
Landlords should ensure that they check the mortgage status of their properties to verify if they are subject to the extended notice period required by the CARES Act. Failing to comply with this requirement could result in penalties or legal challenges.
Step 3: Issuing a Notice to Vacate
Once a landlord has determined the grounds for eviction and ensured compliance with any federal regulations, the next step is issuing a formal notice to the tenant. This notice must specify the reason for the eviction and provide a clear deadline for the tenant to either remedy the situation or vacate the property. In some cases, such as nonpayment of rent, tenants may have the option to pay overdue rent to avoid eviction.
It’s essential that landlords follow the proper notice requirements for their state. Some states require a 3-day notice for nonpayment of rent, while others may mandate a longer period.
Step 4: Filing an Eviction Lawsuit
If the tenant fails to comply with the notice to vacate, the landlord can proceed with filing an eviction lawsuit, also known as an unlawful detainer. It’s important for landlords to file all necessary paperwork with the local court and attend the court hearing. During this process, landlords must provide evidence of the lease agreement, proof of the tenant’s breach, and a record of the notice to vacate.
As an individual investor landlord—who collectively owns approximately 20.5 million rental units in the U.S., according to Flex—you may find the legal complexities of evictions challenging. Seeking legal advice or consulting with an attorney can help streamline the process and ensure compliance with local eviction laws.
Step 5: Enforcing the Eviction
If the court rules in favor of the landlord, they will issue a judgment for possession. However, the landlord cannot remove the tenant themselves. Law enforcement, usually the sheriff, will enforce the eviction and ensure the tenant vacates the property. Self-help evictions, such as changing the locks or shutting off utilities, are illegal in most states and can lead to significant legal consequences for landlords.
Navigating the legal eviction process requires careful attention to both federal and state regulations. Landlords must stay informed about laws, such as the CARES Act, and ensure they are issuing proper notices and following the correct legal steps. By adhering to the legal process, landlords can protect their investments and minimize the risk of lengthy and expensive disputes.
