Evictions are not pleasant for the landlord or the tenant. Even if one party or both are happy to part ways, eviction proceedings can get nasty and costly. Both the landlord and tenant will need to pay for the eviction proceedings. State laws govern all aspects of evictions and they vary from state to state. However, the basics are:

Notice to Evict

The landlord is often required by state law and pursuant to a lease agreement to notify the tenant of an eviction. Whether it's a 5, 15 or 30 day notice, the landlord must send a notice in writing and deliver it on the tenant's door, or serve it through the mail or by a sheriff or other authorized person according to state law.

Legal Action

If a proper notice is sent and no action is taken on the tenant's part to leave the premises or resolve the dispute, then the landlord has the option to commence eviction proceedings. The landlord will file a complaint explaining how the tenant has violated a provision of the lease.

If the Tenant Loses

The tenant will be summoned to court to provide a defense. If they lose, then the court can order the tenant to leave the premises and pay any rent and other payments owed. If the tenant doesn't leave willfully, a law enforcement agent can forcibly evict the tenant and their belongings from the premises.

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