Property owner law provides specific requirements for removing someone from your home. While a stressful situation, following the appropriate procedure ensures a legal eviction. Eviction law provides relief for property owners by outlining the steps for various eviction types. Non-payment of rent, property damage or health/safety risks provide the quickest relief. Lease violations or trespassing typically requires at least a 30-day notice.
Provide a letter of eviction. Research your state laws with regard to eviction notices. Typically, you must provide a 30-day notice to remove someone from your home. However, several states require between 20 and 90 days' notice. Provide the eviction notice in person or via return receipt requested mail. Keep the notice and the return receipt for your records. See the resources section for a link to eviction notice templates.
File a claim in court. Once the 30-day notice expires, file a claim in court if the individual refuses to leave. Contact your local district court to identify the procedure. File the claim along with the fee and the court will schedule a hearing.
Contact the sheriff or constable. If the individual has not vacated the home by the date ordered by the court, contact the sheriff or constable for forced removal. The sheriff will come to your home and physically remove any belongings and order the individual out.
Contact your local law enforcement agency. Remove yourself from the situation and contact your local law enforcement agency. Request the completion of a report by law enforcement. You may need the report when filing a petition for peace or protection.
File a petition for a peace or protective order. Peace and protective--sometimes called restraining--orders provide immediate relief to the complainant if the petition is substantiated and legitimate. The orders cover several areas of abuse including harassment, false imprisonment or assault, for example. Typically, the circuit or district courts handle these orders. Contact your court system--requirements vary by state--and request instructions for filing the appropriate order.
Attend the hearing. Bring your documentation to court and explain your side of the situation. Request the individual be removed from your home. If granted, the order may require the individual vacate the premises and maintain a minimum distance from you and the addresses you request. In addition, have an officer escort the individual to remove their belongings after the court order is established.
Things you need
- Eviction notice