If your property is held by an LLC, Corporation, Trust, or you are acting on behalf of someone else via a POA then you are required to use an attorney. If your individual name is listed on the deed, then you are likely entitled to proceed without an attorney although you may find the process is faster and less expensive WITH an attorney than going at it alone.

If your rental property is federally subsidized housing (e.g. Section 8) then I highly encourage you to contact an attorney. There are different rules and notice periods that must be adhered to in order to comply with federal law.

Ending a month-to-month tenancy? You need to terminate that tenancy and allow the occupant time to find a new place to live before you can evict them. This is NOT 30 days. This is most often a one full calendar month notice. For example, if you give notice of the termination / non-renewal in any day in June, then the tenant is entitled to remain in the premises for the ENTIRE month of July. If they vacate before the end of July, they have complied with the termination and you don't need to evict them. If they refuse to leave, then on August 1st (in this example) you will continue the process with a 3-day Notice.

Rule violation in written lease? If the tenant is month-to-month, you can simply terminate the tenancy as indicated above. No reason needs to be given. However, if the tenant is on a year long lease and is violating the rules, you likely need to give the tenant notice and time to correct their violation before proceeding with a 3-day notice. This is the true 30-day notice. In this notice you should tell the tenant exactly what item in the lease is being violated (e.g. No Pets, Unauthorized Occupants, Operating a Business, etc...) and that they have 30 days from the date of the notice to correct the issue. If it is not corrected after the 30 days have run out, then proceed with the 3-day notice.

Non-Payment of Rent? If the tenant is obligated to pay rent and fails to do so, you can skip directly to the 3-day notice.

This is the final (and sometimes only) notice. All evictions must be preceeded with a 3-day notice. You will serve the 3-day notice by taping it directly to the property door and keep a copy to file with your eviction. When counting the 3 days, this office generally advises the following method: Don't count the day it is posted, don't count weekends or holidays. For example, if you post the notice on Thursday, then the 3 days are Friday, Monday, & Tuesday. You may file the eviction on Wednesday.

Collect the following documents:

• The complaint itself (most courts will have a sample form available at the clerk's office)
• Lease agreement, even if expired, if one exists
• Current rent ledger
• Any/all pre-notices
• 3-Day Notice
• Proof of ownership (e.g. deed or print-out from county auditor)
• Any city/county registrations/certifications locally required
• Any additional printable evidence

Make three copies (+1 for each additional occupant listed in the Complaint) of your collected documents and file them with the court with jurisdiction over your rental property.

After you win your eviction most courts don't give you a lot of direction. The judge will not come down from the bench and help you move furniture and change locks. What happens next is you need to perform a set-out. Every court manages the set-outs differently. Some will tag the door and some will schedule the set-out right there in court. Most courts will charge a fee for the set-out and this fee is most often under $100.00. There may be paperwork to complete and file to get the set-out started. After you win your case, you should go to the civil clerk's office in the courthouse and ask for their specific procedures on how to perform the set-out and pay the required fee, if any.