Proper Procedure for Eviction

A legal process that allows a landlord to remove a tenant from rented premises, eviction law dictates a specific course the landlord must follow. Just as the landlord has certain rights under this law, so does the tenant. Landlords must follow legal eviction procedures to ensure a tenant is not unlawfully removed from his home.

Process

• When a tenant violates rental lease provisions, the landlord must petition the court to have the tenant evicted. Before that occurs, the landlord must first provide the tenant with a notice of lease violation. The tenant has a set number of days, usually five in most states, to remedy the violation. The landlord then files a complaint with the court and pays applicable filing fees. The court serves a summons to the tenant with a scheduled hearing date. During court proceedings, if the landlord successfully proves the tenant violated the lease, the court orders an eviction and the tenant must vacate the premises.

Tenant Rights

• Tenants have the right to answer an eviction complaint with the reasons why they feel they are not in violation of the lease. A tenant answer must be filed with the court along with necessary filing fees prior to the scheduled hearing date. The answer becomes part of the court record of the case and is referred to during the court hearing.

Landlord Rights

• Landlords have the right to access the rental premises. Although they have to follow the proper procedures to gain access legally, once an eviction has been ordered, the landlord can have the tenant's belongings removed with the assistance of the local law enforcement's office according to the details of the eviction notice.