How Do You Evict a Renter?


Quick Answer

Evicting a renter requires first notifying the tenant in writing that his tenancy has been terminated, and then filing a lawsuit to evict the tenant. The technical term for this type of lawsuit is a UD, or unlawful detainer, lawsuit, according to Nolo.

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Full Answer

Several different types of written notices qualify to terminate a lease, explains Nolo. The "Pay Rent or Quit" notice is used when the tenant is behind on rent. This notice gives the tenant several days, usually three to five according to the laws in most states, to pay the rent or "quit," or rather move out. A "Cure or Quit" notice involves a violation of another part of the rental agreement, such as having unauthorized co-tenants or smoking in the property. The "cure" part refers to the amount of time the tenant has to correct the violation. An "Unconditional Quit" gives the tenant no time to pay back rent or correct any violations. In most cases, these notices are only permitted when serious violations, such as repeated late rent payments or illegal activities, have taken place.

If the tenant does not rectify the problem or move out, the landlord can file an unlawful detainer lawsuit, notes Nolo. The court provides a judgment in writing, which the landlord gives to a local law enforcement professional. The law enforcement professional notifies the tenant he is going to come back within a set number of days to physically remove the tenant and his belongings if the tenant has not left.

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