Article: Landlord-tenant eviction proceedings are governed by the laws of each state, so you have to be sure you've met all your state's requirements before serving eviction papers. Check with your local landlord-tenant courteither in person or online at the court's websitefor instructions on handling an eviction, including any notices you may have to give the tenant before serving eviction papers. An example of a pre-requisite is a Notice to Cure, in New York. This has to be served on a tenant before serving an eviction notice. It tells the tenant what he or she did wrong, and provides for a ten-day period to correct the problem.) It depends on your state, but you'll commonly find the eviction notice referred to as a Notice to Quit, Notice to Vacate, or Notice of Termination. This is normally combined with a Demand for Possession (of the premises). You can usually get these forms from the court's website or at the court clerk's office. Before serving the papers on the tenant, make sure the contents of the notice completely comply with the form's instructions. Again, the needed information will depend on your state's laws, but some common information to include is: The full name of the tenant or tenants. (You want to be sure everyone you're seeking to evict is on the notice.) The date by which you want the tenant to leave the property. The reason for the notice (such as failure to pay rent or breaching specific terms of a lease). The date by which the tenant must cure (remedy) the problem in order to avoid eviction. An indication that you intend to hold the tenant responsible for any current and future rent or other fees due, under the terms of the tenancy. Someone has to deliver the eviction notice to the tenant. In manyif not mostcases, the landlord is permitted to do this. However, some states (like New York) prohibit the landlord from serving papers. Find out what's permitted in your state. If you're allowed to serve the papers yourself and you choose that option, always bring a witness to corroborate exactly what you did. You might also think about having a friend or family member (over the age of 18) deliver the papers, again if your state allows it. Note that normally this person can't be involved in the lawsuit. Consider using a professional process (legal papers) server. Many times these are personnel in the local Sheriff's or Marshall's office. You can also use a private process server, if your state approves of that. Many states will limit the time of day during which you can serve papers on a tenant (such as 6 a.m. to 10 p.m.), as well as prohibiting serving papers on particular days, like Sundays or certain holidays.
What is a summary of what this article is about?
Determine if there are any pre-requisites. Obtain the appropriate eviction forms. Make sure your eviction papers are in order. Decide who will be serving the tenant. Learn the permissible times to deliver the papers.