Failure to follow your state’s laws on a legal eviction can result in delaying the eviction date, losing a court hearing or owing the tenant money.
A legal eviction includes: • A court order.
• Official notices.
Once an eviction lawsuit is filed with the court and a judge rules in favor of the eviction, the property owner can work with law enforcement to remove the tenant by an agreed-upon date per the eviction ruling.
In order for a property owner to win an eviction ruling, the property owner must prove that the tenant violated a lease term, that he gave proper notices to the tenant to fix the violation and that the proper eviction process was followed.
Establish a legal need to evict a tenant: Tenant violates a lease term, like failing to pay rent.
File with the court: If the tenant does not fix the violation outlined in the notice and does not voluntarily move out, the landlord can proceed with filing an eviction lawsuit.
Often, a tenant will not pay rent during this time.
Court hearing: At the court hearing, you will need to provide proof of the reason for eviction, and that you gave the tenant an official notice to cure or quit.
As you can see, moving forward with a legal eviction involves a lot of time spent dealing with your local courts.