How to Evict a Tenant

If you’re stuck with a terrible tenant, the temptation is to put them out on the street on the spot. Resist it. Landlords and tenants are equal parties to a lease, and both have rights. Eviction rules vary by state and even by city, so follow the proper procedures — cutting corners is the fastest way to lose a case you should have won.

Don’t Lock Them Out

The first and most important rule: never take the law into your own hands. Don’t change the locks, don’t shut off power or water, and don’t try to harass the tenant out. “Self-help” evictions are illegal almost everywhere. Any of these moves could leave you owing the tenant money — and will make a judge sympathize with them in the eviction proceedings.

Give Written Notice With a Deadline

Is the rent late? Are they violating a lease term? Send a written notice — certified mail is best — stating the deadline to pay the rent and late fees or cure the violation. Most jurisdictions require this notice before you can file. Even where it isn’t strictly required, showing that you gave the tenant a fair chance to fix the problem will help you if the dispute ends up in court.

Don’t Accept Late Payments if You Want Them Out

If the tenant misses your deadline, don’t accept a payment afterward if you still intend to evict. In many jurisdictions, accepting rent can legally entitle the tenant to stay. Instead, proceed with the eviction and pursue any money owed separately after they’re out.

Go to Court

If the tenant hasn’t cured the issue by your deadline, the next stop is court. An eviction is a lawsuit for the return of your property. Bring the lease and documentation of every violation each time you appear — a clean, dated ledger of charges and payments makes unpaid rent easy to prove. The tenant must be formally served with notice of the proceedings, and the judge will hear both sides. If the judge rules in your favor, you’ll get an order of eviction with a final deadline for the tenant to leave.

Have the Sheriff Remove Them

Most tenants leave once the order is issued. If yours doesn’t, still don’t change the locks or haul their belongings to the curb — even if local law technically allows it. You can’t predict how someone will react. Have the local sheriff carry out the removal. If they won’t handle it directly, ask them to be present for security while the removal happens.

Evictions are stressful, slow, and expensive — which is why thorough screening and good records on the front end are worth every minute. TenantLedger keeps your leases, charges, and payment history organized so you always have the paper trail. Try it free for 14 days at TenantLedger.