What are some of the steps a landlord needs to take to file an eviction on a tenant?
Question
Do you have the forms I need to file for an eviction?
Answer
A landlord cannot file a complaint for eviction with the court until expiration of the required period after serving the tenant with the appropriate notice. The period varies among states – it can vary from 3 to 30 days, depending on the state – and in some states it can depend on the reason for eviction. The notice period required can also depend on whether serving a “Cure or Quit” or an “Unconditional Quit” notice. The manner of service required can also vary significantly among states.
Many states provide for posting of the notice at the property. Most states allow for U.S. mail, some requiring it be sent Certified. All states allow for personal service by either the landlord or by a representative, e.g., an authorized employee or a process server. Inadequate service can mean needing to start over if the issue doesn’t come up until you and the tenant (or his attorney) are in court.
When one is not experienced in evictions, particularly when it is thought that the tenant might choose to maximize occupancy, it is often more cost effective to turn the matter over to an attorney who specializes in evictions. In some states certain entities (e.g., corporations) must be represented by an attorney.
The cost of doing it this way is usually much less than doing it improperly and having a large delay because you must start over. Also, if the tenant is represented by an attorney or appeals the eviction judgment, an attorney can probably better deal with the matter on your behalf.
If you are talking about forms that are filed with the court – e.g., the Summons and the Complaint – it is always preferable to use forms provided by the court and in many jurisdictions those are the only ones allowed. It is even possible that requirements vary among different courts within the same state. Accordingly, landlords should use the forms provided by the particular court and follow the specified procedures, including proper preparation of the forms, attachment of required documents (many courts require copies of all lease documentation) and the proper method and the timelines related to service.