When a tenant is served an eviction notice, they have a certain amount of time to vacate the premises. The amount of time will vary depending on the reason for eviction and the state in which the property is located. Section 21 eviction process usually takes two months to end a tenancy.

Once that time has expired, if the tenant has not vacated the property, the landlord can begin the formal eviction process. The process will vary slightly depending on the state, but the general steps are as follows:

1. Landlord files complaint with the court

The first step in the eviction process is for the landlord to file a complaint with the court. The complaint will state the reason for eviction and list any unpaid rent or damages. The landlord will then serve the tenant with a summons, which will give them a date to appear in court.

2. Tenant appears in court

On the date of the hearing, both the landlord and tenant will appear before a judge. The landlord will present their case for eviction and the tenant will have the opportunity to respond. The judge will then decide on whether or not to evict the tenant.

During the hearing, the judge may also order the tenant to pay any outstanding rent or damages. However, if the tenant cannot pay, the eviction may still proceed.

3. Sheriff serves an eviction notice

If the judge orders the eviction, the landlord will obtain an eviction notice from the court. The notice will be served by the sheriff to the tenant. The tenant will then have a certain amount of time to vacate the property. During this time, both the tenant and landlord are bound by the terms of the lease.

There are several things that the tenant can do at this point, such as:

• File an appeal to the eviction notice
• Negotiate with the landlord to try and stay on the property
• Vacate the property within the given timeframe
• Request a stay of execution to delay the eviction
• Pay the rent owed and any other fees associated with the eviction
• Move out voluntarily

If the tenant does not comply with the notice, the sheriff will come to the property and physically remove the tenant from the premises.

4. Tenant is removed from the property

Once the tenant has been served with an eviction notice and they have failed to comply, the sheriff will come to the property and remove the tenant. The sheriff will also remove any personal belongings that are left behind.

The tenant will then be responsible for any fees associated with the eviction, such as court costs and the sheriff’s fees.

5. Property is returned to the landlord

Once the tenant has been removed from the property, the landlord will be able to take possession of the property. The landlord can then change the locks and make any necessary repairs.

The eviction process can be a stressful and emotional time for both the landlord and the tenant. It is important to make sure that you are familiar with the process and know your rights.

Tenants who do not pay their rent can be very frustrating for landlords.

It might happen that the tenant’s circumstances change or that they find another place, but if this is something they could have told you about before, it will hurt your relationship with them if you evict them. However, there are some cases where the landlord has to take action against the tenant.

In most cases, a tenant not paying their rent is a breach of contract and the landlord can take legal action against them in order to get back any money they are owed or allow you to end the tenancy. You cannot be forced into letting someone stay in the rental property if they don’t pay – this is called retaliatory eviction.

Tenants renting from the social housing sector are governed by different rules than private renters. You can find out more on our page about eviction of social housing tenants .

If they don’t leave after you’ve given them notice, you will need to go through the legal process of ending the tenancy.

Before taking any action, talk with your tenant about their situation and how they plan to pay the rent in future. If they are experiencing financial difficulty, there may be options available to them that do not involve eviction.

Of course it’s important that you keep evidence of your attempts to speak with them. For example you could keep a written record in a rent book or tenants’ file, and make a note when you’ve made contact. Sending letters by recorded delivery will help prove they received your communications.

Waiving the Rent

If you want to waive the rent due from a tenant, it’s very important to make this clear in writing. It can be difficult to get back rent once you’ve waived it, so think carefully before you do!

Entering the Property

You may need to take court action if your tenant won’t allow you access into the property or is refusing to pay any rent while they live there.

If you want to know more about this option, see our information on evicting tenants from private rented homes .

In some cases, you may be able to ask the Court to allow you access the property. This should only be used as a last resort.

Further Options

If you have difficulty getting your tenant to pay their rent, there are organisations that can give you advice and support which will depend on where they live. For example, Shelter provides free housing advice for tenants and landlords in England and Wales . The National Landlords Association is a membership body for private sector landlords and can offer advice and support.

If you’re uncomfortable talking to the tenant yourself, an adviser may be able to do it for you.

Eviction

If all other avenues fail, there are two ways of evicting a tenant who hasn’t paid their rent:

1. Getting a court order for possession – this will allow you to evict the tenant if they don’t leave.

If you are trying to get your tenant evicted because they haven’t paid their rent, it’s important that you do this within the correct legal time frame. If you don’t, you could end up being liable for money that is owed to them.