What is the legal process in apartment eviction?
930667
The law varies from state to state on how much notice you must receive, but you cannot actually be evicted without a court order.  \n\nYou really need to find out the law in your state.
937675
THERE IS A " QUIET TIME " MANDATED BY THE APT.COMPLEX . I HAVE BEEN TOLD IN THE PAST THAT IF I HAVE A PROBLEM WITH ANOTHER TENTANT TO CALL THE POLICE AND MAKE A COMPLAINT .THAT WAY IN THE EVENT OF EVICTION YOU HAVE A DOCUMENT TO SHOW THAT YOU HAVE MADE SEVERAL ATTEMPTS TO CURE THE PROBLEM  TO THE APT. MANAGEMENT . HOWEVER , WITH YOUR SITUATION OF NOT BEING WANTED THERE , I WOULD STILL CONTACT THE LOCAL AUTHORITIES AND FILE A COMPLAINT ON NOISE . THAT WILL LET THE NIEGHBOR  KNOW THAT YOU SERIOUS . IF YOU HAVE TRIED TALKING TO THEM , TELL THEM THAT THE NEXT TIME YOU WILL NOT BE  KNOCK ON THERE DOOR , THE POLICE WILL ... THERE IS LAWS ABOUT EXCESSIVE NOISE ALL OVER . GOOD LUCK
142888
getting a restraining order will require proof of harassment or violence, and going to court. \n\nsince he is not on the lease, and you have asked him to leave, you have a very clear path to follow. \n\n1. Put together a written notice, signed by all residents of the apt., and add a witness just for good measure. keep a copy of it in a safe place. Give him an absolute deadline for when he must be out, with the clear stipulation that he will be removed by the police on a specific date if he does not, and charged with trespassing. if you're worried about stealing or vandalism in retaliation, make it clear to him that if such occurs, he will be charged to the fullest extent of the law.\n\n2. change the locks immediately thereafter. \n\n3. any damage or stealing that goes on in retaliation should be documented fully. (pics, witnesses.)
319360
What state do you live in?  Make sure you're using the proper notice.  Without the proper notice, your case will be thrown out of court immediately if you have to file a forcible entry and detainer action (eviction).  Check your local government as well as your state.  In some states and local governments, you must use five day notices.  Try American Legal Forms at www.americanlegalforms.com or http://realestate.findlaw.com/landlord.\n\nGood luck!\n\nPS: You are the landlord trying to collect rent, correct?
319374
If your friend hasn't paid the rent within the 10 day time period, then the landlord's next step is to file a lawsuit for eviction.  A court date will be assigned, and if your friend hasn't paid by the day of court the judge will give a judgment for possession to the landlord.  Then the landlord has to send the judgment to the sheriff.  The sheriff will post a notice on your friend's door advising of when the eviction will be performed.  If she hasn't paid the rent by that date, then the sheriff will come out to the property and stand by while the landlord has the locks changed and her property removed.  The time period for all of this can be anywhere from 2 weeks to 2 months from the expiration of her 10 day notice, depending on when the landlord files the lawsuit and how long the wait time is at the court.
153527
Go to the RRA... Renters Rights Association. They will handle it! They eat that kinda crap up... I know cuz I have been an apartment manager b4 and the owners where total asses... there was so many things i couldnt do after the tentants were promised things by the owners then went back on em... good luck
971065
File a case against your friend so that the court will issue an order for his eviction.
358122
Eviction is a long legal process and the landlord has to follow it to legally evict you or anyone.  If he or she fails to follow the law and evicts you, you have cause to file suit against him/her for wrongful eviction.
244767
You have to file a case against them for eviction. But you have to give them notice of eviction first...do it on your terms, if they ignore that and are still there after the date you set for eviction, you can file with the courts to have them evicted, in which they have a certain number of days to leave or will be escorted by the police. make sure you have proof that they're late on rent and that there in fact was a rental agreement.
234512
What you put in the letter will depend upon the laws of the city and/or state where you live.\n\nDo your tenants have a lease?  If so, you can write advising them that the lease will not be renewed.  \n\nIf your tenants do not have a lease, then you write advising them that the premises will no longer be available after a set date -  30 or 60 days.\n\nIf your tenants are in violation of the lease, then you need to write a letter citing the violations and then you need to begin eviction proceedings. In most states this process can take between two and six months.
380659
They can not. Here in Arkansas you get an eviction notice that gives you three days to get out. If you choose to stay they have to have papers served to you which usually takes a week or so to do it and then you have 30 days to get you an attorney. So you pretty much bhave a little over a month to get out here. Most states have that rule. Go to city hall or the courthouse and get a copy of renter's rights. I hope that helps.
714886
I don't believe he can legally do that without a court order.  My step-father owns a couple of rental properties.  And when someone is behind on their rent even if they are really behind he has to go through all this legal garbage before he can do anything.  And even with a court order for their eviction then he has to get a sheriff to remove them from the apartment if they still aren't moved out by the date that the judge orders them too.  The whole process is long, expensive, and stressful for the landlord.  That is probably why that person's landlord is just trying to get them out by boarding up the place.  They should call the police and have them deal with it.  Good luck to your friend.
594707
Ignore those first two comments.  Those people don't know what they're talking about.  I don't know what the laws are in your state but I have a general idea.  I am a California lawyer who practices landlord/tenant law.  While the laws in your state will be somewhat different, the general thrust of the laws will more than likely be the same.\n\nFirst of all, DO NOT change the locks.  Self-help is more than likely not allowed in your state.  I can't imagine a single state that would allow that remedy.  If you go that route, you're looking at getting your butt sued.\n\nSecond, don't bother with the county prosecutor.  The prosecutor or District Attorney only cares about criminal acts.  Yours is a civil dispute.\n\nCheck out the website for your local county court.  Many counties have self-help sections for landlords.  Or, go to the county court clerk's office and see if they offer any free legal clinics or any self-help resources for landlords.  Third, go to your local bookstore.  I guarantee that they will have a number of books on how a landlord can evict people in your area.\n\nChances are that the very first thing you need to do is post a notice on your tenant's door to pay rent or quit.  In California, it is a 3 day notice.  \n\nIf you've never done this before, it may be worthwhile to talk to a laywer in your area who specializes in landlord/tenant disputes.  Go to www.martindale.com for a listing of landlord/tenant attorneys in your area.  If you move quickly, you can get your tenant evicted in 30 days or less.  \n\nGood luck.
575262
You have already served her with a 30-day to pay rent or quit and she opted to quit by voluntarily leaving the property. Instead of foreceable removal (eviction) she decided to leave of her own accord.\n\nThe next step for you is to file a money judgement agst her for the back rent. The court whill serve her with notice to appear and if your case has merit, judgment will be awarded in your favor whether or not she bothers to appear so long as service notice was good. You still need to try and locate her forwarding address or other address she can be raeched as the process server will need it for service to be completed.
209750
The other answers are all good, but if you are asking how to do it legally, you need to check your state's laws and cases, and if you can't, you really need to check with a lawyer who does evictions.\n\nAnother way is to change the locks when they are out.\n\nNot all state allow self-help evictions, so if the in-laws are likely to go to a lawyer if you try to throw them out, you really do need to chack with a lawyer in your area.
378287
NO!!! Unless your landlord has gone through the procedures (i.e. the court system) to remove you from your apartment for nonpayment of rent or any other breech of the lease, they CANNOT constructively evict you.  Call the Attorney General's office and ask them for a tenant's rights guide and in the meantime get some bolt cutters and cut the lock.  Of course, if your landlord DID go through eviction proceedings in court, you're out of luck.
634165
An eviction doesn't show up on your credit report. It shows up if they run a criminal/civil court report thru the county/state. The eviction is a Judicial matter. \nIf he was evicted due to non-payment or lease violation that is what will show up on the credit report. \nYour brother can  run a public search thru the county where the eviction took place to see if it shows up-- normally will be found under civil reports. He can also get a free credit report to see if it was reported to the credit agencies. \nMost apartments will only go back 7 years.