Define Eviction in Real Estate

"A Deep Dive for Real Estate Agents "

The typical process of eviction varies by jurisdiction, but generally, it follows these steps:

Notice: The landlord provides the tenant with written notice about the reason for eviction, such as non-payment of rent, lease violations, or the end of a lease term. The notice usually includes a deadline for the tenant to correct the issue (e.g., pay past-due rent) or vacate the property.

Filing an eviction lawsuit: If the tenant doesn't resolve the issue or leave the property by the deadline, the landlord can file an eviction lawsuit, also known as an unlawful detainer action or a summary possession action, with the local court.

Court hearing: Both the landlord and the tenant attend a court hearing, where they present their arguments and evidence. If the judge rules in favor of the landlord, they'll issue a judgment granting the eviction and may also award damages, such as unpaid rent or court fees, to the landlord.

Writ of possession: The landlord must obtain a writ of possession from the court, which is an official document authorizing the eviction. The writ is usually given to local law enforcement to carry out the eviction.

Physical eviction: Law enforcement officers, such as sheriffs or marshals, will post a notice at the property, notifying the tenant of the date and time when they will return to execute the eviction. On the scheduled day, law enforcement officers will remove the tenant and their belongings from the property if they haven't already vacated.

Regaining possession: Once the tenant is evicted, the landlord can change the locks and take back possession of the property. The landlord may also pursue additional legal actions to collect any outstanding rent or damages from the tenant.

Note that specific procedures and timelines may differ depending on local laws and regulations, and landlords must follow these legal processes to avoid violating the tenant's rights.