The eviction process varies from state to state. To evict a tenant for nonpayment in most states you must first serve notice and allow three to five days for the tenant to comply. You may demand that the tenant pay the rent in full along with late fees stipulated in the lease agreement. You should have proof the notice was served by sending it through certified mail with a return receipt requested. It is also a good idea to keep photocopies of all the checks written to you by the tenant. Your tenant may ask to use his security deposit as rent. You are not required to do that and the lease should explain that too.

After giving proper notice you may proceed to take your tenant to small claims court. Your local courthouse will have the proper forms for you to fill out and you will need to serve these to your tenant as well. Be sure to save all the documentation you have sent to your tenant. You will need these when you go to court to prove that you have fulfilled what was written in the rental agreement. Be sure not to over step your bounds when dealing with your tenant. Turning off the utilities or threatening them could be held against you in court. During the trial hearing your tenant might claim that they are facing certain hardships or that children are involved. The judge at his discretion may extend the time they have to pay the rent.

Having a landlord eviction attorney to turn to when these situations arise can be quite helpful. An attorney who specializes in the eviction process can relieve you of the stress

And expedite the matter in a timely way. The best place to find an attorney with this type of expertise is at the courthouse or through a real estate agent. When interviewing an eviction attorney find out how much experience he has in these matters and how long will it take to evict your tenant. You may be concerned about the cost of the attorney. Generally a lease should have a provision that states the landlord has the right to collect attorneys’ fees in an eviction situation.

The following is a sample letter you could use to send to a tenant if they are on a month to month lease:

DATE:

TO:

Property:

YOU ARE HEREBY NOTIFIED TO VACATE THE PREMISES DESCRIBED IN THE ADDRESS ABOVE WITHIN 30 DAYS OF THE DATE OF THE DELIVERY OF THIS NOTICE TO YOU. YOUR MONTH TO MONTH AGREEMENT HAS BEEN TERMINATED. IF YOU FAIL TO VACATE WITHIN THIS PERIOD, COURT PROCEEDINGS WILL BE TAKEN IMMEDIATELY TO EVICT YOU FROM THE PREMISES.

PAYMENT IN THE AMOUNT OF $__________ FOR PAST DUE BALANCE FOR PRIOR JUDGEMENT PLUS $___________ FOR PAST DUE RENTS INCLUDING LATE FEES SHOULD BE PAID WITHOUT DELAY NOT TO EXCEED PAST THE DATE OF ____________________

____________________

LANDLORD

_____________________

WITNESS