by Jennifer Minge

Created on: September 07, 2010

A lease is a legally binding agreement between a landlord and a tenant. The landlord agrees to provide a property in reasonable condition. The tenant agrees to pay the rent and abide by the terms of the lease. If the tenant fails to pay the rent or violates the terms of the lease, the landlord can evict the tenant.

The eviction process is clearly outlined by each state's law and the process can vary from one state to another. The general process for eviction usually includes the following steps:

* landlord sends notice to the tenant requesting them to pay rent or to stop violating the terms of the lease

* if tenant fails to respond, the landlord files paperwork at the courthouse in the county where the property is located

* tenant is served a notice that the paperwork has been filed

* tenant is given a defined time period to respond to the paperwork

* a court date is set to hear the eviction

* landlord is given a "writ of possession" if tenant fails to pay rent after the court data

* under supervision of the Marshall or Sheriff, the landlord is able to legally remove the tenants possessions from the property

The most common reason landlords evict tenants is because they fail to pay rent. Another reason a tenant can be evicted is because they violate the terms of their lease. Some of the most common reasons for violating the lease are:

* making noise that bothers others

* possession of a pet

* arrest for any criminal reason

* selling drugs

* making changes to the property

* allowing somebody not on the lease to occupy the property

If a tenant violates any of the terms of their lease, the landlord can evict them. Tenants that violate the lease are more likely to be confrontational and damage the property in retaliation to being evicted. Landlords need to be especially careful when evicting tenants under these conditions. These tenants will also try to use the court to delay the eviction process or try to sue the landlord if they fail to follow the correct procedures during the eviction. If the landlord follows the proper eviction process in their state, they do not need to worry about problem tenants. The eviction process will remove this problem tenant.

The best advice for landlords is to learn the proper eviction process in your state. Do not ever attempt to evict a tenant yourself without following these procedures. Doing this can cost the landlord money by being fined by the court and could possibly land them in jail for violating the tenant's rights.

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