The Eviction Process - Different for Each State
The Eviction Process and Eviction Laws vary from state to state, although there is a common theme. Most states require you to give the tenant some sort of written notice that they are in violation of their lease. After the notice period has expired (for many states it is 3 days), only then may you proceed with a formal eviction case in court. You may never forcibly evict a tenant without going through the formal tenant eviction process. Please choose your state below and read about the eviction process for your state.
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Read the Eviction Process for Your State
We recommend that before you purchase your Eviction Notice Form, you read about the Eviction Process for your state below:
Learn the Eviction Process for Your State:
Eviction Process Tips
When you are beginning the tenant Eviction Process, it is important to remember that this is a legal procedure and you must follow your state's landlord tenant eviction laws (many states have passed a landlord tenant act). Act professional and keep good records at all times. For example, in accordance with eviction notice laws, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.
If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your tenant eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.
If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might now let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.
Disclaimer: Although this site strives to have the most current information on state eviction laws and forms, legislatures and judges' rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately. * The attorneys used to write these articles may not have been licensed in your state. Purchasing a form does not create an attorney-client relationship.