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How to evict a tenant take pains to remove a renter from your property legal, or you could find yourself on the wrong side of the law you will need knowledge of your state laws a valid eviction reason documentation of wrongdoing a written notice of eviction a court order of eviction and a posted eviction notice step 1 contact your county clerk's office to check the laws governing the eviction proceedings in your jurisdiction if you are managing government subsidized housing follow the eviction rules established by the US Department of Housing and Urban Development step 2 know the valid reasons for evicting a tenant which include non-payment of rent a violation of their lease and creating a health or safety problem landlords do not need a reason to evict a month tenants, and they can choose not to renew attendance lease without giving the reason step 3 don't attempt to evict a tenant by force or try to get them to leave by cutting off their heat or water changing their locks or tossing their possessions these methods are all illegal step 4 have your documentation in order including a copy of the lease written notices you have sent to the tenant concerning any problems and any other proof of your claim like bounced rent checks or photos of property damage step 5 let the tenant know in writing that you are planning to evict them if they don't pay their rent or correct a violation by a certain date how much time you must give them varies from state to state if you are evicting a month-to-month tenant without cause make sure you are giving the advance notice required by your state which can be anywhere from 20 to 90 days step 6 if the tenant hasn't addressed the problem within the time frame site file an eviction notice with the local court if the tenant doesn't respond within the time defined by the court you win by default if the tenant challenges the eviction the case may go to a hearing step 7 if you win the case a representative of the court like a sheriff marshal or constable will post a notice on the tenants' door giving them a move-out date at which time the tenant and their possessions will be forcibly removed from the premises by the court representative they haven't vacated on their own step 8 if the tenant wins you will have to let them stay and pay their costs of fighting the eviction in most cases so be sure to follow the letter of the law before starting proceedings did you know the number of cases landlords filed in New York City for back rent grows 19% in the first two months of 2009
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