Kicking someone out of your house can be a very tedious process. There are many procedure that have to be followed to legally kick someone out of your house. Landlord being house owners have to make sure that they are fully equipped with knowledge to deal with cases that need them to kick someone out of their house. There are reasons that are believed to be legally valid for one to be kicked out of a house. In each case there are agreements that should exist between the landlord or owner of the house and those using the house. Usually tenants are allowed to use one’s room in exchange for rental payment for the house they use. Yes you can evict someone out of your house if they don’t pay rent, but there are processes to be followed. You don’t just wake up and kick someone out of your house because they did not pay rent.
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Reason For Kicking Someone Out Of Your House
There are many reasons why property owners or landlords may resort to kicking out someone from their houses. The reasons include property damage, illegal activities, paying rent late regularly, no written lease, breaking lease agreement and unpaid rent which is the most common of all. When faced with these challenges many landlords resort to kicking the person out of their house. The problem is that there are rules that should be followed to evict someone out of your house. However, to kick someone out of the house is not allowed as it implies use of force to remove someone from your house. The statutes do not give landlord the powers to do that but however there are procedures to be followed to evict someone out of the house. There is plenty of information relating to legal eviction of tenants on the internet and consultation with attorney can also be helpful.
Procedure
The procedure for kicking someone out of the house for not paying rent is different according to the nature of agreement between the tenant and landlord. The nature of the agreement determines the procedure to be followed and there are basically two types which are tenants on lease and those not on lease. The procedures are almost the same and they have to be followed by every landlord intending to kick someone out of their house for not paying rent.
Tenant without Lease
When a tenant without a lease does not pay rent the owner of the house is required to serve the tenant with a notice to vacate his house. The notice should clearly state the reason why the tenant should vacate and the date the tenant has to vacate. In many places this notice period should be between three to thirty days. The notice should also lay out the conditions on which the tenant can be able to be reinstated with clear timelines. It is also advisable to consult a lawyer so that the eviction notice may be properly drafted to include the key issues so that the process will be smooth.
If the period given in the notice elapses and the tenant does not either vacate your house or make your rental payment you have to file an eviction petition with the courts. Depending on the state, some states have housing courts or court hearings for these kind of cases. The court will notify a date for the court hearing and hear both sides of the story. The judge also checks your notice to the tenant and reasons for the decision. If the judge is satisfied with your reasons and procedure and rules in your favor, he will then issue an order of eviction to the tenant. He will also issue a writ of possession which gives the property back to the landlord. The landlord in some cases will be required to pay back the deposit which many tenants pay when entering the house.
In some cases the tenant may still not vacate your house after receiving the eviction notice. In this instance this will be a violation of a court order and you are advised to call the law enforcement who can come and remove the tenant on court order. It is advisable to consult a lawyer when faced with this kind of situation so that you as the landlord are not found on the wrong side of the law and compromise your chances of lodging a successful eviction petition with the courts.
Tenant with Lease
The procedures for kicking out someone if they don’t pay rent is almost the same. However for tenants with lease agreements you have to make sure that there is a breach of lease agreement terms like non-payment of rent and damage to property as per lease agreement. The non-payment of rent must also be part of the details of the lease agreement and usually a court hearing is conducted after the tenant refuses to pay or vacate the house. The court as mentioned above will serve the tenant with eviction notice which the tenant should obey otherwise the courts through law enforcement agents will kick the person out of your house. It is only through a court order and through law enforcement agents that a tenant can be legally kicked out of the house for non-payment of rent. Landlords should never evict the tenant on their own without following the required procedures as this is illegal and can land the landlord in trouble with the law. It is therefore important for landlords to familiarize themselves with their housing laws or consult lawyers in cases like those. However, consulting a lawyer also comes with cost which the landlord has to bear.
Conclusion
Kicking someone out of your house if they do not pay rent is not an easy option. In some cases it leaves the relationship between the landlord and tenant awkward. Landlords are advised to always make sure that they discuss and sign written agreements with their tenants. All the expectations of the landlord from the tenant should be clearly stated and any deadlines associated be clear as well. This helps when preparing for the eviction process through the courts. Some landlords may lose court cases due to errors on the eviction procedures or omissions on the lease agreement.
