What is the legal process a landlord must use to evict a delinquent tenant?

The legal process a landlord must use to evict a delinquent tenant is to initiate an unlawful detainer action. This is a specific legal procedure designed for landlords to regain possession of their property when a tenant fails to pay rent or otherwise breaches the lease agreement.

In this process, the landlord submits a complaint to the court, detailing the grounds for the eviction, and the court then schedules a hearing. If the court rules in favor of the landlord, it issues a judgment that allows the landlord to take possession of the property, which may involve a sheriff or local law enforcement assisting with the actual eviction.

This process is distinct from filing a general breach of contract lawsuit, as unlawful detainer actions are streamlined to address tenant eviction with urgency and efficiency. Conducting informal mediation may be an option for resolving disputes but does not have the legal weight necessary to force a tenant to vacate. Simply sending a termination notice, while a potential first step, does not complete the legal requirement for eviction; it serves as a notification without the necessary legal backing to remove the tenant if they refuse to leave. Therefore, initiating an unlawful detainer action is the correct and legally recognized method for evicting a delinquent tenant.