The eviction procedure that must be followed in order to legally evict someone from a dwelling usually depends a great deal upon where the eviction is taking place. Different countries and regions often have different laws regarding how an eviction can legally be carried out, and in the US these laws are typically dictated at a state level. Though the specifics may change, in general the owner of the property must give the tenant notice of the intent to evict as well as the reason behind the action. The eviction procedure will then typically include a court hearing in which the tenant can present a defense against eviction, and then the serving of the eviction against a tenant by a law enforcement officer or other government official.
Often referred to as an unlawful detainer lawsuit or action, the eviction process typically begins with some form of violation of the rental agreement by a tenant. This can include failure to pay rent, a violation of terms in the agreement such as pet ownership, or flagrantly abusive behavior such as major damage to rental property or illegal activities on the property. In the case of unpaid rent, a tenant will typically have a certain period of time, usually between five and ten days, to pay the rent in order to avoid further action. If this rent and any applicable late fees are not paid, then the eviction procedure can continue.
The next step in an eviction procedure is usually for a property owner to file an unlawful detainer action against the tenant. Notice of this action will often be mailed to the tenant by the courts, and the property owner may be required to notify the tenant as well. The court date for this hearing can often be within two weeks of the filing, at which time the tenant can be present and provide a defense against the eviction procedure. This will often take the form of proof of rent payment, contesting a claim of lease violation, or showing evidence to indicate the eviction is not being done legally.
If the defendant fails to provide an adequate defense, or does not appear at the hearing, then the eviction will be ordered by the judge. The time between the court order to evict and the actual date of eviction can vary, though it can often be as short as 72 hours. After the time passes, a law enforcement official or another government official will ensure that the tenant has left the property, or will forcibly remove the tenant if necessary. If this eviction procedure is not followed properly, then the property owner may be open to a lawsuit by the tenant. In most US states, for example, changing the locks on a property, shutting off water or power, and similar types of actions by the owner are punishable by law and may reward a tenant with a waiver of several months’ rent and other punitive damages.
