As the landlord, you cannot evict a tenant whenever you wish. You must follow the law, or else it may amount to an illegal eviction which could come with undesirable consequences.
First, you must have good cause to evict the tenant. Some valid reasons include:
- Non-payment of rent
- Repeatedly acting in a disorderly manner
- The tenant caused damage or destruction to the property
- A violation of the lease agreement terms
In most cases, you are supposed to first file a notice to cease, informing the tenant that they should stop a certain conduct or face eviction.
What next in the eviction process?
If the tenant stops the conduct you detailed in your notice to cease, you cannot evict them. Otherwise, you may give them notice to quit. This is a letter that terminates tenancy and gives your tenant a deadline to vacate from your premises.
Once you give the notice to quit, you may file suit for an eviction if the tenant is still on the property. However, you must first file a complaint in the Office of the Special Civil Part Clerk, where your property is located and have it served to your tenant. It specifies the date and time for the hearing where they must appear if they choose to challenge the eviction.
A judge will determine the matter after reviewing the available evidence and testimonies before giving the go-ahead or stopping the eviction.
Getting things right with evictions
An illegal eviction can expose you to financial losses and legal penalties. You may be liable for court fees while the tenant can sue you for damages. Therefore, it is crucial to have the necessary legal guidance when evicting your tenant to be on the safe side. It could save you a lot of trouble with the law.