An eviction is a legal way to remove tenants from an apartment for failure
to pay rent at that apartment. You cannot simply change the locks on an apartment
or force your tenants out, that is called an illegal eviction and the law will
actually protect a tenant rather than the landlord if the eviction is not done
properly.
How do I start an eviction proceeding?
You must go to the landlord tenant court in your area and file a petition for
eviction. The most common reason for eviction is failure to pay rent, though
there are other reasons such as destruction of property of if the tenants are
doing something illegal in the apartment. Once the paper work is completed then
you will be issued a court date.
What will happen in eviction court?
Both parties must show up. If the landlord doesn't show up the case may
be dismissed and if the tenant does not show up the judge may rule against them
even though they are not there. Tenants are served with papers so they do know
when the court date is so saying the tenant was not aware of the court date
is no excuse.
The landlord must prove their claim, they should have a copy of the signed
lease. Then they will be asked to present their side of the case. Then the tenant
will be allowed to speak and answer the questions posed by the judge. If the
reason for eviction is failure to pay rent then 99 percent of the time the judge
sides with the landlord. If a settlement could be reached where both parties
are agreeable then you can make a deal as well.
Do I have to give back the security if the rent was not paid?
A judge most likely if the tenant has not paid back rent and has no intention
of doing so will not make the landlord pay back the security. If there are other
reasons why the tenant is being evicted for example, they are too loud then
if upon the walk through the apartment is in good condition then the landlord
must give back the security.
If evicted, does the tenants have to be out that day?
No, more often than not a judge will give a 2 or 3 week extension in order
to give the tenants more time to leave. If the tenant does not leave at this
point then the landlord can either grant them an extension or the landlord can
call the sheriff and they could pay to have them removed.
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