What is the process for evicting a tenant who has stopped paying rent?

As a lawyer, I can provide legal advice on the process for evicting a tenant who has stopped paying rent. The specific process for eviction varies depending on the jurisdiction, but in general, the following steps should be taken:

1. Review the lease agreement: The first step is to review the lease agreement to determine the terms and conditions that govern the tenancy. The lease agreement may contain specific provisions that address the issue of non-payment of rent and the eviction process. It is important to ensure that any eviction action is consistent with the terms of the lease agreement.
2. Serve a notice to pay rent or quit: If the tenant has stopped paying rent, the landlord should serve a notice to pay rent or quit. This notice should be in writing and should specify the amount of rent owed and the deadline for payment. The deadline should be reasonable and should give the tenant sufficient time to make the payment. The notice should also inform the tenant that failure to pay rent within the specified timeframe will result in eviction proceedings.
3. Wait for the deadline to pass: If the tenant does not make the payment within the specified timeframe, the landlord may initiate eviction proceedings. However, the landlord cannot take any further action until the deadline specified in the notice to pay rent or quit has passed.
4. File a lawsuit for eviction: If the tenant has failed to pay rent or move out by the deadline specified in the notice, the landlord can file a lawsuit for eviction. This lawsuit, also known as an unlawful detainer action, must be filed in court and served on the tenant. The tenant will have a certain amount of time, typically between 3 to 5 days, to respond to the lawsuit.
5. Attend the hearing: If the tenant does not respond to the lawsuit or contests the eviction, a hearing will be scheduled in front of a judge. The landlord should attend the hearing and present evidence to support their case for eviction.
6. Obtain an eviction order: If the judge rules in favor of the landlord, an eviction order will be issued. The eviction order will specify the date by which the tenant must vacate the property.
7. Remove the tenant: If the tenant does not vacate the property by the date specified in the eviction order, the landlord can obtain a writ of possession from the court. This writ allows the landlord to have law enforcement officers remove the tenant from the property.

It is important to note that there may be limitations or exceptions to the eviction process, such as protections for tenants under certain circumstances, such as during the COVID-19 pandemic, or for certain classes of tenants like the disabled, elderly or low-income, which may vary depending on the jurisdiction. Therefore, it is always best to consult with a licensed attorney in your jurisdiction for specific advice on your particular eviction case.