How to Evict Someone From Your House Because of a Breach of Contract

by Tiffany Garden ; Updated July 27, 2017

A landlord is not limited to evicting a tenant for not paying rent. Several other eviction causes, such as breach of contract, exist for removing a problematic tenant from your home. A tenant breaches his lease contract by violating one or more lease clauses, such as ignoring quiet hours, adding pets to a pet-free home and/or allowing unauthorized guests to stay beyond a lease-specified length of time.

Step 1

Talk to a lawyer familiar with your state and local landlord tenant statutes. If you are representing yourself, research landlord and tenant laws for your state. Some cities and counties have additional housing regulations that also must be considered when pursuing eviction.

Step 2

Send a written notice of lease termination to your tenant containing the specific lease clause breached by the tenant, any actions the tenant can take to remedy the default and the date that the lease termination takes place. Advise the tenant that you will pursue an eviction if he does not fix the breach or leave the property prior to the lease-termination date. The termination notice period varies from state to state and may be longer than the amount of time given in a nonpayment case.

Step 3

Take the written notice of termination and supporting documentation to a local civil, district or housing court if you need to continue the eviction process. File the eviction lawsuit through the court clerk, citing the lease breach and lack of resolution with the tenant. The eviction suit summons must be served formally, and you have the option of going through the court's summoning service or hiring a process server on your own.

Step 4

Attend your court hearing with all evidence and documentation needed to evict the tenant. You receive a default judgment in your favor if the tenant does not appear in court. Otherwise, you need to argue your position. Depending on your court, you may go in to mediation prior to the court hearing to attempt to work out a resolution prior to the hearing.

Step 5

Obtain a Writ of Possession through the court clerk if the tenant remains in the home following the court ordered date. You can request a sheriff or constable to evict the tenant from the home with a Writ. Until the Writ is served, you cannot take full legal possession of the property, even with the court judgment.

About the Author

Tiffany Garden has been a freelance writer since 2002, working in the commercial copywriting field. She has been published in a number of technical and gaming magazines, as well as on numerous websites. She also runs her own websites on a number of subjects, runs a handcrafted jewelry business and is a CompTIA A+ Certified computer technician.