State to state, landlord-tenant laws vary.You will have to serve an eviction notice on a tenant in order to begin legal proceedings with the court to have the tenant leave the property.Knowing which eviction notification forms to use and how to legally serve the tenant with them is crucial to your success in evicting them from your property.
Step 1: If there are any pre-requisites.
The laws of each state affect landlord-tenant eviction proceedings, so you have to make sure you meet all requirements before serving eviction papers.You can check with your local landlord-tenant court for instructions on handling an eviction, including any notices you may have to give the tenant before serving eviction papers.A notice to cure is an example of a pre-requisite.This needs to be served on a tenant before an eviction notice is served.A ten-day period is provided for the tenant to correct the problem.
Step 2: The appropriate eviction forms should be obtained.
It depends on your state, but you'll usually find an eviction notice referred to as a Notice to quit, notice to vacate, or notice of terminated employment.This is combined with a demand for possession.You can get these forms at the court clerk's office.
Step 3: Make sure your papers are in order.
Make sure the notice complies with the instructions on the form.Depending on your state's laws, some common information to include is the full name of the tenant or tenants.Everyone you want to evict should be on the notice.The date you want the tenant to leave.Failure to pay rent or breaching specific terms of a lease are the reasons for the notice.In order to avoid eviction, the tenant must cure the problem by a certain date.Under the terms of the tenancy, you intend to hold the tenant responsible for any current and future rent or other fees due.
Step 4: Who will serve the tenant?
The eviction notice needs to be delivered to the tenant.The landlord can do this in many cases.New York prohibits the landlord from serving papers.What is allowed in your state?If you choose to serve the papers yourself, always bring a witness to corroborate what you did.If your state allows it, you might consider having a friend or family member deliver the papers for you.Normally this person can not be involved in a lawsuit.Consider using a professional process server.These are people in the Marshall's office.If your state approves, you can use a private process server.
Step 5: You can learn the permissible times to deliver the papers.
You can't serve papers on a tenant on certain days, like Sundays or holidays.
Step 6: You can use personal service.
This is the best way to serve an eviction notice.There is no dispute as to whether or not the tenant received the papers.If anyone other than a professional process server does the job, it is advisable to have a witness.If a tenant doesn't admit that he or she received the papers, you can prove that service was made.
Step 7: Substituted service can be employed.
If you have been unable to deliver the papers directly to the tenant, this is usually allowed.Substitute service is the name given to the procedure of hand-delivering the eviction papers to someone other than the actual tenant.You can only serve the papers on an adult in some states.Other states may allow service on a person of suitable age and discretion who lives or works in the tenant's home.It can not be a stranger or a young child.
Step 8: If necessary, use commendable service.
The term "nail and mail" refers to the method of serving the notice of eviction.When this type of service can be used, determine how your local law applies.Unless you have exhausted other methods of serving the papers, it is not allowed.
Step 9: All tenants should receive copies of the papers in the mail.
If you used the "nail and mail" method, you will need to mail a copy of the eviction notice to the tenant.Send any mailings by regular mail and return receipt requested.Even if it is not mandated, do it.The return receipt can be used as proof of delivery.If the tenant dodges the notice, the certified mail may come back as undelivered, but the regular mail won't, since it can be delivered without the tenants having to sign for it or pick it up.The undelivered certified mail is proof that you tried to send it by that method.The eviction notice should be sent separately to each of the tenants.Don't give someone a possible defense that he or she was not given notice to leave the property, because you want everyone in the premises to go.If possible, send the notices no later than the next business day in some states.
Step 10: You should keep copies of the paperwork you have served.
You should have copies of the eviction notice and proof of how you served it to the tenant.Keep a log of all the times you tried to serve the tenant.
Step 11: Track the return receipts.
Be on the lookout for either the return receipt from your mailing or the actual certified mail returned as undelivered.This is the proof that you followed the state's laws when trying to serve the tenant with an eviction notice.If you don't get either the return receipt or the undelivered certified mail back within the normal time period for your location, you should go to the post office.
Step 12: Papers need to be deposited with the court.
If you need to bring proof of service of the eviction notice to the court within a certain period of time, you should check with the courts website or court clerk's office.When you start the eviction complaint, you may only have to bring this documentation.You may be asked to give the proof to the court before you file the complaint.If your state requires you to attempt personal service before using any other method, you should contact the court clerk's office to see if they want to look at the efforts you made.
Step 13: How long do you have to wait to file an eviction complaint?
You can get an exact date when you can file the eviction complaint by calling the court clerk.The date will probably be influenced by your method of service.The court will usually delay the date by which you can file the complaint if you have to send a notice by mail.