When a renter defaults on rent, or is in breach of contract, the eviction steps can be daunting.
Eviction is “the action of expelling someone, especially a tenant, from a property.” But what does that mean and what eviction steps happen?
If the renter receives the required notice and they do not voluntarily vacate, the landlord can move to evict them.
There are 5 steps of eviction.
- Unlawful Detainer. The landlord would first need to file an unlawful detainer lawsuit in superior court. An unlawful detainer is a summary court procedure and in most cases, court action moves along quickly. The detainer lists the landlord as the “plaintiff” whereas the resident is the “defendant.”
- Resident Response. Residents have the opportunity to respond to the unlawful detainer notification. Essentially, this is their initial opportunity to share their side of the story. They can note the condition of the housing and any points they deem valid to add to the case.
- Hearing. The court holds a hearing where both parties can present their evidence and explain their case. The judge then decides the verdict and rules in favor of either the landlord or resident.
- Writ of Possession. If the court rules that the landlord is victorious and the resident needs to vacate, a writ of possession is sent to the local sheriff’s office and a lockout date will be scheduled. If the resident does not vacate, the sheriffs locks them out of the home.
- OR Resident Wins. If the court rules in favor of the resident, eviction will not occur and depending on the lease agreement, the landlord may have to pay the resident’s attorney fees.
There are many important factors to consider before filing an unlawful detainer with the court. Depending on the facts of your case, it may be advised that the resident file a Motion to Quash Service of Summons or a Demurrer instead of a simple response.
How Real Property Management Rental Solutions Helps
Eviction can be a difficult process and in the end, nobody really wins. Legal fees, loss of rent, and moving expenses are just a few of the consequences suffered on both sides of an eviction. At Real Property Management Rental Solutions, our goal is to provide you, the property owner, with a quality tenant to hopefully avoid such issues in the future. If eviction is unavoidable, whether you are a landlord or a resident, it is best to contact an attorney for guidance and assistance through the eviction process.
If you would like to talk more about how RPM Rental Solutions can help you with handling tenant troubles in Middle Tennessee, give us a call at 615-900-4067 or click here.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.