Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Drafting Eviction Documents (US)

9 Jun 2023
30 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Eviction is a serious matter, and with its complexities concerning the rights of landlords, tenants, and all involved parties in the US legal system, understanding the process is essential. The Genie AI team understands this importance and works hard to provide free eviction templates that make drafting court-court documents easy.

At Genie AI, we have been collecting millions of datapoints from real-life cases to build up a market-standard eviction template library. Our guide does not require you to have a Genie AI account - our aim is to simply help you understand your rights under local law and draft an effective document for court.

Eviction laws vary depending on state and local jurisdiction in the US; however they all serve the same purpose: allowing landlords to remove tenants who are in breach of their rental agreement or lease terms. This protects landlords’ rights while ensuring that their properties are well maintained - both legally necessary steps. It also safeguards tenant’s rights from unfair practices such as rent hikes or illegal evictions based on nonpayment of rent or other violations of their lease terms.

The legal process involved with eviction also serves an important role for the courts by enforcing law for all parties involved in an eviction case - making sure that justice is served fairly. Eviction proceedings can be complex, so it’s vitally important for everyone concerned with them to understand their respective roles and responsibilities during proceedings; otherwise rulings may not be upheld in court due to lack of knowledge surrounding potential illegality issues at hand.

In conclusion: Eviction is an essential legal tool that protects landlord’s investments while upholding tenants’ rights within US state jurisdictions as well as providing a just decision where warranted by enforcement within judicial systems present throughout said states–so understanding your given rights and responsibilities when it comes to drafting documents is key! We want to help; read on below for our step-by-step guidance on how you can access our template library today!

Definitions

Eviction: The legal process of removing a tenant from a property.
Lease Violation: When a tenant violates the terms of their rental agreement.
Remedy: Taking action to fix a problem or undo the consequences of a violation.
Notice: A formal announcement or warning.
Compliant: Meeting the applicable requirements or standards.
Writ: A written court order.
Garnishing: Taking a portion of a person’s wages to pay a debt.
Lien: A legal claim against an asset that must be paid before the asset can be sold.
Appeal: A request to a higher court to review a decision.

Contents

  1. Understanding the Eviction Process in Your State
  2. Establishing Grounds for Eviction
  3. Identifying Possible Lease Violations
  4. Determining the Severity of the Violation
  5. Consulting Local Laws for Eviction Guidelines
  6. Drafting the Eviction Notice
  7. Complying with State Regulations
  8. Notifying the Tenant of Grounds for Eviction
  9. Including a Demand for Compliance or Vacancy
  10. Serving the Notice to the Tenant
  11. Knowing the Proper Method of Delivery
  12. Keeping a Record of Notice Delivery
  13. Filing the Eviction in Court
  14. Submitting Proper Paperwork
  15. Meeting Filing Deadlines
  16. Paying Any Necessary Filing Fees
  17. Attending the Court Hearing
  18. Understanding the Court Process
  19. Preparing Necessary Evidence
  20. Representing Yourself or Hiring an Attorney
  21. Complying with Local Eviction Laws
  22. Knowing the Timeline for Eviction
  23. Posting Notices at the Property
  24. Following Court Orders
  25. Executing the Eviction Order
  26. Knowing the Difference Between Self-Help and Sheriff Eviction
  27. Determining the Appropriate Method for Your State
  28. Removing the Tenants and Their Belongings
  29. Collecting Past-Due Rent or Damages
  30. Submitting a Final Demand for Payment
  31. Obtaining a Judgment for Payment
  32. Pursuing Collection Actions if Necessary
  33. Understanding Tenant Rights During Eviction
  34. Knowing the Difference Between Legal and Illegal Eviction Tactics
  35. Understanding Your Tenant’s Right to Appeal
  36. Knowing the Laws Regarding Property and Belongings
  37. Knowing When to Seek Professional Assistance
  38. Identifying Complex or Unusual Eviction Situations
  39. Finding a Reputable Attorney or Eviction Service
  40. Knowing When to Seek Legal Advice

Get started

Understanding the Eviction Process in Your State

  • Learn the relevant laws and regulations pertaining to eviction in your state.
  • Consider speaking with a legal professional to get an understanding of the specifics of your local laws.
  • Familiarize yourself with the different types of evictions that are possible in your state.
  • Research any restrictions or additional requirements that may apply in your area.
  • When you feel confident in your understanding of the eviction process in your state, you can check this off your list and move on to the next step.

Establishing Grounds for Eviction

  • Read your state’s laws to determine which violations of the lease contract would qualify as grounds for eviction
  • Look over the lease agreement to determine what kinds of conditions the tenant agreed to abide by
  • Identify any potential lease violations by the tenant
  • Keep records of any complaints, notices, and other communications from tenants regarding lease violations
  • Double check that the tenant is in violation of the lease agreement before filing for eviction
  • When you have identified the grounds for eviction and have evidence of the tenant’s violation, you can check this off your list and move on to the next step.

Identifying Possible Lease Violations

  • Review the lease agreement to determine which provisions have been violated
  • Make a list of all violations that have occurred, including the dates and details of each violation
  • Note any evidence that corroborates the violation, such as photographs, witness statements, or other documents
  • When you have identified all of the violations, you can move on to the next step of determining the severity of the violation.

Determining the Severity of the Violation

  • Determine the severity of the violation: Is it a non-dangerous violation that can be remedied, or is it an immediate, dangerous violation that requires immediate attention?
  • Analyze the tenant’s past behavior: Has the tenant been in compliance with the lease in the past, or is this a repeat violation?
  • Consider the potential consequences of not addressing the violation: Could the violation cause further damage to property or put other tenants at risk?
  • Check if any applicable state or local laws require specific actions for the violation: Are there any specific rules that must be followed when dealing with the particular violation?

Once you have determined the severity of the violation, and considered the potential consequences and applicable laws, you can check this step off your list and move on to consulting local laws for eviction guidelines.

Consulting Local Laws for Eviction Guidelines

  • Research local laws and regulations regarding evictions in the area where the tenant lives
  • Review the statutes and ordinances to determine the type of notice and process that must be followed in order to legally evict the tenant
  • Familiarize yourself with any special eviction requirements, such as notice periods, relocation assistance or other special requirements that may apply
  • When you have a clear understanding of the local laws and regulations governing evictions, you can move on to the next step: drafting the eviction notice.

Drafting the Eviction Notice

  • Choose the appropriate form for the eviction notice, depending on the state and the reason for the eviction
  • Fill in the required information on the form, including the tenant’s name and address, the date of the notice, the date the tenant must vacate the property, and any associated fees
  • Have the notice served to the tenant, either by hand, via mail, or via a third-party delivery service
  • Make a copy of the notice for your records
  • When the notice has been served and a copy is saved, the first step of drafting an eviction notice is complete and you can move on to complying with state regulations.

Complying with State Regulations

  • Research the state laws relevant to eviction proceedings.
  • Ensure that the eviction notice contains all required information for the chosen state.
  • Check that the notice is compliant with the rules and regulations of the governing state.
  • Make sure that the notice is properly signed and dated.

Once all of the requirements have been met, you can move on to the next step of notifying the tenant of the grounds for eviction.

Notifying the Tenant of Grounds for Eviction

  • Draft a notice to the tenant informing them of the grounds for eviction.
  • Include all required elements listed in your state’s laws.
  • Serve the notice to the tenant in compliance with your state’s laws.
  • You can check this off your list once you have ensured that the notice is properly served and all required elements are included.

Including a Demand for Compliance or Vacancy

  • In some US states, you must provide the tenant with a demand for compliance or a notice to vacate
  • This demand must specify the date and time by which the tenant must either comply with the lease agreement or vacate the premises
  • Make sure that you are including the correct amount of time for the tenant to comply or vacate, as specified by your state’s law
  • Once you have drafted the demand, review it to make sure it is accurate and complete
  • You can check this step off your list and move on to serving the notice to the tenant when the demand is complete and ready to be served.

Serving the Notice to the Tenant

  • Ensure the notice is properly completed and includes all the information required, such as the tenant’s name and address, the premise address, the amount of rent due, the notice period, and the landlord’s signature
  • Serve the notice to the tenant in person or by mail, or post it in a conspicuous place on the premises. Note that the type of delivery method you choose may vary depending on the state
  • To serve the notice in person, hand the notice directly to the tenant or another adult who lives in the unit. If the tenant is not present, you can leave the notice with the person and mail a copy to the tenant
  • To serve the notice by mail, the tenant must receive the notice by the effective date listed on the document. The tenant can also waive their right to receive the notice in person
  • To post the notice on the premises, make sure it is posted in a conspicuous place, such as a front door. You may also want to take a picture of the posted notice as proof of delivery
  • Once the notice has been properly served, you can check this off your list and move on to the next step of knowing the proper method of delivery

Knowing the Proper Method of Delivery

  • Understand the legal requirements of your jurisdiction regarding delivery methods
  • Consider sending the notice via certified mail with a return receipt requested
  • Make sure to get proof of delivery from the post office
  • If the tenant refuses to accept the certified mail, you can also attempt to deliver it personally
  • If neither of the above options are possible, you can also post the notice on the tenant’s door
  • Once the notice has been delivered, you will have fulfilled the legal requirements for delivery and can move on to the next step of keeping a record of notice delivery.

Keeping a Record of Notice Delivery

  • Make a copy of the eviction notice before sending it
  • Make a record of the date and time the notice was sent
  • Make a record of the method of delivery used, such as certified mail, registered mail, email, or hand delivery
  • For hand delivery, make a record of the name of the person who received the notice
  • When the tenant signs a delivery receipt, make a copy of the receipt
  • Once you have completed these steps, you can check off this step and move on to filing the eviction in court.

Filing the Eviction in Court

  • Obtain a copy of the eviction complaint from your local court clerk’s office
  • Serve the eviction complaint on the tenant by delivering it to them or mailing it to them
  • File your eviction complaint with the court clerk and pay the associated filing fee
  • You will know when the filing is complete when the court clerk issues a summons to the tenant
  • Serve the summons on the tenant according to the instructions provided by the court clerk.

Submitting Proper Paperwork

  • Gather all necessary forms and documents for the eviction, including the summons, complaint, and any other paperwork required by your local jurisdiction
  • Submit the forms to the court clerk - this can be done in person, or by mail
  • Pay all applicable fees - usually filing fees and service fees
  • Make sure you have proof of payment - this can be a receipt, or a copy of the check you used to pay
  • You’ll know you have completed this step when you have received a confirmation of filing from the court clerk.

Meeting Filing Deadlines

  • Research the local laws and regulations in your area to determine the filing deadlines for eviction documents
  • Check with your local courthouse to ensure that you are aware of any additional filing deadlines they may have
  • Draft the eviction documents based on the filing deadlines you have identified
  • Submit the eviction documents to the courthouse within the filing deadlines
  • Confirm that the filing was accepted by the courthouse and that you have met the filing deadlines for eviction documents
  • Once the filing is accepted, you have met the filing deadlines and can move on to the next step.

Paying Any Necessary Filing Fees

  • Contact your local courthouse to find out what filing fees must be paid
  • Make sure to bring the exact amount in cash or check
  • The clerk at the office can provide you with a receipt for the payment
  • Once the payment is made and the receipt is obtained, you can move on to the next step in the eviction process.

Attending the Court Hearing

  • Arrive early for your hearing and dress appropriately for court
  • Bring all relevant documents and evidence to court to support your case
  • Listen to the judge’s instructions and answer any questions they have
  • Respectfully respond to any arguments made by the tenant
  • Make sure you understand the court’s ruling before you leave the hearing

Once the court hearing is complete, you can check this step off your list and move on to the next step in the eviction process.

Understanding the Court Process

  • Understand the court process for eviction cases in your state
  • Research the specific court rules and procedures in your state
  • Check the state and local laws regarding eviction proceedings
  • Learn the eviction process timeline in your state
  • Familiarize yourself with the court forms and documents used in eviction cases
  • Become aware of the court fees associated with eviction proceedings
  • Understand the court rules regarding service and proof of service
  • You will know you have completed this step when you are confident of the court process and forms required in your state for eviction cases.

Preparing Necessary Evidence

  • Gather all evidence related to the eviction, such as rental agreements, rental payment records, and any notices sent to the tenant
  • Create a timeline of events and document any communication with the tenant
  • Take photos or videos of any damage to the property
  • Make copies of all evidence, so you have an original and a copy
  • Take note of how long it took you to gather all necessary evidence

Once all the evidence has been gathered and organized, you can move on to the next step.

Representing Yourself or Hiring an Attorney

  • Determine whether or not you need to hire an attorney to represent you in the eviction proceedings.
  • Research local attorneys who specialize in landlord-tenant law, and consider the cost of their services.
  • If you decide to represent yourself, research local landlord-tenant law and be familiar with the basics of eviction proceedings.
  • When you have made a decision about whether to hire an attorney or represent yourself, you can check this step off your list and move on to the next.

Complying with Local Eviction Laws

  • Research the local laws where the property is located to know what requirements have to be met for an eviction to be legally binding.
  • Make sure any service of process and notice requirements are met to ensure compliance.
  • Familiarize yourself with the eviction process in the jurisdiction where the property is located.
  • Make sure that you are aware of any additional local rules and regulations that are applicable to the eviction process.
  • When you have completed the research, you can check this off your list and move on to the next step.

Knowing the Timeline for Eviction

  • Understand the timeline for eviction in your state, as this will dictate how quickly you can move forward with your eviction process.
  • Different states have different timelines. Check your state laws to determine the timeline for the eviction process.
  • Make sure that you comply with the timeline outlined in your state laws. This will ensure that you abide by the proper eviction process and that the eviction process is legal.
  • Once you have identified the timeline for eviction in your state, you can move forward with the next step in the eviction process - posting notices at the property.

Posting Notices at the Property

  • Post a notice of eviction to the property in a visible location. Depending on your state laws, this may be on the door or another prominent location.
  • Make sure to include your name, the tenant’s name, the date, and the date that the tenant must leave the property.
  • Check with your local housing department for any specific requirements for your area.
  • When you have posted the eviction notice, record the date and time in your eviction records.
  • Once you have posted the notice, you can check this off your list and move on to the next step.

Following Court Orders

  • Attend court hearing and obtain a court order for eviction
  • Obtain the writ of possession from the court clerk
  • Read the order carefully and comply with all requirements
  • Make sure you have all documents required to execute the eviction order
  • File the writ of possession with your local court
  • You’ll know when you can move on to the next step when you have successfully filed the writ of possession with your local court.

Executing the Eviction Order

  • Serve the eviction order on the tenant by either delivering it in person or sending it via certified mail.
  • Obtain a signed copy from the tenant once they have been served.
  • File the signed copy with the court to prove that the tenant was served.
  • When the tenant has been served and the signed copy has been filed with the court, you can check this step off your list and move on to the next one.

Knowing the Difference Between Self-Help and Sheriff Eviction

  • Understand the difference between self-help and sheriff eviction: self-help eviction refers to the landlord taking steps to evict a tenant on their own, while a sheriff eviction must be carried out by a law enforcement official
  • Know the laws in your area regarding self-help eviction and sheriff eviction, as well as the process for each
  • Determine if self-help eviction is an option for you in your area. If it is allowed, identify the steps you need to take to legally carry out the eviction
  • Research what is involved in a sheriff eviction in your state, including any forms you need to file, requirements for notification, and the presence of a law enforcement official at the eviction
  • When you are familiar with the differences between self-help eviction and sheriff eviction in your particular state, you can proceed to the next step of determining the appropriate method for your situation.

Determining the Appropriate Method for Your State

  • Research your state’s eviction laws to determine the appropriate eviction process for your case.
  • Read the state’s statutes and regulations, or consult a qualified attorney for assistance.
  • Make sure to follow the laws in the state where your property is located.
  • Determine if self-help eviction is an option in your state.
  • When you have a clear understanding of the applicable eviction process in your state, you can move on to the next step.

Removing the Tenants and Their Belongings

  • Hire a professional eviction service or process server who will handle the paperwork and removal of the tenants and their belongings
  • Make sure to document the removal of the tenants and their belongings with photos and videos
  • Make sure to provide the tenant with a copy of the eviction order and any other relevant documents
  • Once the tenants and their belongings have been removed, you can check this off your list and move on to the next step of collecting past-due rent and damages.

Collecting Past-Due Rent or Damages

  • Calculate the amount of past-due rent or damages due.
  • Serve the tenant with a written demand for payment.
  • Allow the tenant a reasonable amount of time to pay the past-due rent or damages.
  • If the tenant does not pay the past-due rent or damages in the allotted time, proceed to the next step.

How you’ll know when you can check this off your list and move on to the next step:

  • You will know you can move on to the next step when the tenant does not pay the past-due rent or damages in the allotted time.

Submitting a Final Demand for Payment

  • Draft a demand for payment letter for the tenant, outlining any past-due rent or damages that the tenant owes.
  • Make sure to include language that the tenant has a certain number of days to pay the balance in full, or else legal action will be taken.
  • Make sure to include the tenant’s name, address, and the amount owed, as well as the deadline for payment.
  • Have the letter notarized and send it via certified mail to the tenant.
  • You’ll know you can check this off your list and move on to the next step when you receive a return receipt from the tenant, confirming that the letter was received.

Obtaining a Judgment for Payment

  • File a Complaint in your local court. This form will include the amount you are owed, details about the tenant, and any other relevant information.
  • Serve the Complaint to the tenant. This can be done through a process server or another approved method.
  • Attend the court hearing. You will need to present evidence to the court to prove that the tenant owes you money.
  • If the court finds in your favor, they will issue a Judgement for Payment in your favor.
  • You can check this off your list and move on to the next step once you have obtained the Judgment for Payment.

Pursuing Collection Actions if Necessary

  • Send a demand letter to the tenant for payment, outlining the amount of money that is owed, when it is due, and the consequences of not paying
  • Consider filing a writ of execution on the tenant’s assets, such as their wages, bank accounts, or other property
  • If the tenant has a bank account, you can use a garnishment order to freeze or seize the account
  • If the tenant is employed, you can look into filing a wage garnishment order with the court; this will require the tenant’s employer to deduct money from their paycheck and send it to you
  • You can also pursue collection actions on any personal property owned by the tenant, such as cars, boats, or furniture

You will know you can check this off your list and move on to the next step when you have received the money owed to you or when you have taken all necessary collection actions.

Understanding Tenant Rights During Eviction

  • Learn about the applicable laws and regulations in your state that relate to tenant rights during eviction
  • Understand the eviction process, including the timeline for notices to vacate, filing of eviction proceedings, and the court process
  • Know the types of actions that a landlord can legally take during the eviction process, such as issuing a notice to vacate and filing an eviction lawsuit
  • Research any applicable tenant protection laws that may apply in your state
  • Be aware of any tenant rights that may be violated during the eviction process, such as being served with an eviction notice without proper notice or a landlord entering a tenant’s home without permission

You can check this step off your list when you have a general understanding of the applicable laws, regulations, and tenant rights that apply to the eviction process.

Knowing the Difference Between Legal and Illegal Eviction Tactics

  • Check local and state laws to ensure your eviction process is compliant
  • Research the necessary elements of an eviction notice and ensure that the notice you are drafting has the appropriate elements
  • Know that it is illegal to use threats, force, or other illegal tactics to evict a tenant
  • Understand that it is illegal to remove a tenant’s belongings from their property without their consent
  • Make sure to stay compliant with all applicable laws and regulations

Once you have checked local and state laws to ensure your eviction process is compliant and have researched the necessary elements of an eviction notice, you can check this step off your list and move onto the next step.

Understanding Your Tenant’s Right to Appeal

  • Understand that tenants have the right to appeal an eviction if they believe the landlord is not following the law
  • Familiarize yourself with the laws in your state that are specific to tenant’s rights to appeal
  • Make sure you are aware of the local court procedures for an eviction appeal
  • Be sure to document your tenant’s right to appeal in the eviction documents
  • When you have documented the tenant’s right to appeal and included it in the eviction documents, you can check this off your list and move on to the next step.

Knowing the Laws Regarding Property and Belongings

  • Familiarize yourself with your state’s laws on evictions and tenant rights
  • Learn about the types of properties that may be subject to eviction
  • Make sure you understand the laws regarding tenant belongings and how to dispose of them
  • Understand the rules and regulations regarding tenant notice, payment of rent, and eviction proceedings
  • Check with your state’s laws and regulations to determine the length of time a tenant has to vacate the property
  • Once you have a clear understanding of the laws and regulations surrounding eviction, you can proceed to the next step.

Knowing When to Seek Professional Assistance

  • Seek professional assistance if you are unfamiliar with the laws surrounding eviction proceedings
  • Determine if the eviction process differs between state and local jurisdictions
  • Consult with a qualified attorney if you need help understanding the local laws
  • Be aware that the cost of an attorney will be more than doing the eviction yourself
  • Once you are confident that you understand the law and the eviction process, you can move on to the next step.

Identifying Complex or Unusual Eviction Situations

  • Identify if your eviction involves a tenant who is a minor, elderly, or disabled.
  • Determine if your tenant is a member of a protected class, such as being a member of the military, a veteran, or belonging to a certain ethnic or religious minority.
  • Research if any local laws or regulations would provide additional protections to your tenant, such as rent control or other tenant rights.
  • Review if any special circumstances exist in your eviction case, such as a tenant with an emotional support animal.

You can check this step off your list once you have identified any complex or unusual eviction situations related to your case.

Finding a Reputable Attorney or Eviction Service

  • Research online for local attorneys or eviction services who specialize in evictions
  • Contact at least three attorneys or eviction services and ask for references from past clients
  • Check online reviews and ratings of the attorneys or eviction services to make sure they have positive ratings
  • Ask for a fee estimate for their services
  • Choose an attorney or eviction service that is reputable, has good ratings, and has reasonable fees
  • When you have chosen a reputable attorney or eviction service, you can move on to the next step.

Knowing When to Seek Legal Advice

  • Check the rules and regulations of your state and local government to ensure you are in compliance with the law.
  • Understand the legal process of eviction, including the necessary documents and filing procedures.
  • If you have any questions or need assistance, seek legal advice from an experienced attorney or eviction service.
  • Once you have done your research and are confident that you are in compliance with the law, you can move on to the next step.

FAQ

Q: What are the differences between eviction documents in the US and those in the UK?

Asked by Ryan on March 7th, 2022.
A: Eviction documents in the US differ from those in the UK in a few key ways. Firstly, the US has separate laws for each state, whereas the UK has one set of laws that apply across England and Wales. Additionally, there are also differences in how eviction notices are formatted and served. In the US, eviction notices must be written in accordance with state-specific laws, while in the UK they must comply with the Protection from Eviction Act 1977. Furthermore, there are different timeframes for when an eviction notice must be served, with some states having a 20-day period before an eviction can take place. It is therefore important to ensure that you understand the specific laws that apply to your jurisdiction before drafting an eviction document.

Q: How do I know if I need to draft an eviction document?

Asked by Emma on April 1st, 2022.
A: If you are a landlord or tenant who is considering evicting someone from a property, it is important to understand whether you need to draft an eviction document. Generally speaking, you will need to draft an eviction document if you want to enforce a lease or rental agreement as well as if you are seeking to recover unpaid rent. Additionally, if you are evicting someone due to non-payment of rent or any other breach of contract, then you will need to draft an eviction document. It is therefore important to carefully review your lease or rental agreement as well as any applicable state laws before deciding whether you need to draft an eviction document.

Q: How do I ensure that my eviction documents are legally binding?

Asked by Jacob on April 16th, 2022.
A: To ensure that your eviction documents are legally binding, it is important to ensure that all relevant information is included in the document such as the name of the tenant, address of the premises being evicted from and reasons for evicting the tenant. Additionally, it is important to make sure that the document complies with any applicable state laws and regulations such as providing a specific amount of notice prior to evicting a tenant or outlining any legal remedies available to them. Furthermore, it is also important to have your eviction documents signed by both parties (landlord and tenant) and dated appropriately before they can be considered legally binding.

Q: What happens if I don’t serve an eviction document correctly?

Asked by Aiden on May 14th, 2022.
A: If an eviction document is not served correctly then it may not be considered legally binding which means that any attempts at evicting a tenant may not be successful. Additionally, it may also result in legal action being taken against you by either the tenant or other legal bodies such as local housing authorities or courts. Therefore it is important to ensure that all relevant information is included in your eviction document and that it is served correctly according to any applicable state laws and regulations. Additionally, it is also important to make sure that all documents related to the eviction process are kept safely so that they can be used as evidence if necessary.

Q: What other documents do I need when drafting an eviction document?

Asked by Mia on June 10th, 2022.
A: When drafting an eviction document, it is important to consider what other documents may be necessary throughout the process such as proof of non-payment of rent or other breaches of contract which could form part of your legal argument for evicting a tenant. Additionally, it may also be necessary to include copies of any applicable state laws and regulations which relate directly to your situation. Furthermore, depending on your jurisdiction there may also be additional documents required such as proof of service which must be presented when making your case for evicting a tenant. Therefore it is important to carefully research what documents may be necessary before drafting an eviction document so that all relevant information can be included where necessary.

Example dispute

Suing for Wrongful Eviction

  • Plaintiff must provide evidence that the eviction was done without proper legal process or rights being followed, or that the eviction was done in bad faith
  • Plaintiff must provide evidence that the landlord breached the lease agreement, or state laws governing the eviction process
  • Plaintiff must provide evidence of damages caused by the wrongful eviction, such as lost wages, medical bills, or property damage
  • Plaintiff may seek a court order to be reinstated to the property, and/or seek monetary compensation for damages caused by the wrongful eviction
  • Plaintiff may seek an injunction preventing the landlord from evicting the tenant again
  • Plaintiff may also seek punitive damages to punish the landlord for the wrongful eviction

Templates available (free to use)

14 Day Notice To Quit Evictions New York
14 Day Notice To Quit Tenancy At Will Evictions Massachusetts
14 Day Notice To Quit Tenancy For Years Evictions Massachusetts
15 Day Notice To Quit Evictions Pennsylvania
30 Day Notice To Quit Evictions Massachusetts
30 Day Notice To Quit Evictions New York
30 Day Notice To Quit Evictions Pennsylvania
30 Day Notice To Terminate Breach Of Statutory Duties Residential Evictions Ohio
Attorney Certification Eviction Judgment By Default Or Consent New Jersey
Consent To Enter Eviction Judgment Tenant Vacates New Jersey
Demand For Possession Evictions Georgia
Demand For Rent Notice To Tenant Evictions Illinois
Dispossessory Affidavit Evictions Georgia
Dispossessory Summons Evictions Georgia
Eviction Complaint New Jersey
Eviction Complaint Ohio
Eviction Summons New Jersey
Evictions Complaint Minnesota
Evictions Default Residential Florida Notice
Evictions Notice To Vacate Texas
Evictions Termination Periodic Tenancy Florida Notice
Evictions Termination Texas Notice
Landlord Certificate Of Registration One And Two Unit Dwellings Residential Evictions New Jersey
Landlord Certification Eviction Judgment By Default Or Consent New Jersey
Notice To Cease Residential Evictions New Jersey
Notice To Quit And Demand For Possession Eviction For Cause New Jersey
Notice To Quit And Demand For Possession Expiration Of Fixed Term Lease Commercial Nonresidential Evictions New Jersey
Notice To Quit With Rent Increase Or New Lease Terms Residential Evictions New Jersey Notice
Praecipe For Writ Of Possession Eviction Or Ejectment Pennsylvania
Praecipe For Writ Of Restitution Evictions Ohio
Proposed Final Judgment Entry Awarding Monetary Damages Evictions Ohio
Proposed Judgment Entry Granting Restitution Of Premises Evictions Ohio
Ten Day Notice To Quit Evictions Illinois
Ten Day Notice To Quit Evictions New York
Ten Day Notice To Quit Evictions Pennsylvania
Termination Drug Related Offense Residential Evictions Ohio Notice
Termination Periodic Tenancy Residential Evictions Ohio Notice
Three Day Notice To Leave Premises Evictions Ohio
Three Day Notice To Quit Residential Evictions Non Payment Of Taxes New York
Writ Of Possession Evictions Georgia

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