Evictions - Tenant Screening Can Help Prevent

An eviction proceeding is a lawsuit to obtain a court order to remove the tenant.  It is against the law to physically or constructively remove the tenant from the premises.  No matter how mad you are, don’t even consider changing the locks, shutting off the power or taking the front door out for “repairs.”

Before you can start the eviction proceeding, you have to terminate the tenancy.  This is done by serving notice on the tenant as required by state law.  For nonpayment of rent, the notice is typically three to five business days.   If the tenant has not paid the rent in full within the three to five business days, you can begin eviction proceedings in court.  This proceeding will take anywhere from 15 to 60 days.

Once the court determines that you are owed the rent a warrant (or writ) is issued.  This is a legal document that directs a sheriff, marshal, deputy, or other local official to forcibly remove the tenant from the premises.  The official usually changes the locks and removes the tenant’s personal property.  In some counties, the landlord is required to hire the movers and store the tenant’s property.

Proper screening of your prospective tenants can help prevent evictions, which are time consuming and costly.