we need to evict some tennants from our rental house, what is the legal way we should go about doing so?

Question

They are 2 months late on rent. We do not have a written rental agreement. We need to evict them so we can fill the house with tennants who will pay. How do we give notice? How long do we give them to vacate the premises. Can we get the sheriff to give notice of eviction?

Answer 1

The way to evict a holdover tenant, as here, is first by serving the tenant with a three day pay or quit notice. Once that period passes, then you can file an unlawful detainer action against the tenant in your local Superior Court.
Among the things you are forbidden by law to do are remove doors, change locks, interrupt power or water or heat, or in any other way interfere with the tenants posession of the unit until the
unlawful detainer is heard. What you can recover during this time are called mesne damages, which is the daily rate the unit would rent for during the time it takes to get a courtroom and have
the matter heard.
If the tenant communicates to you that they intend to abandon the tenancy prior to the hearing, make sure you get a clear written waiver from them. The reason why is that title to real property splits into two parts when the property is rented, which are legal title (stays with the owner) and equitable title which is what the tenant has. This is an idea called a leasehold, which hangs over from Old English Law..
That being said, notice can be served in three ways. First, to
personally hand the papers to the adverse party. Second, serve by substitution. That means you send a copy of the notice to the last address that you have on record, and you attach a second copy to the door of the house. And third, you can publish the notice in a newspaper of general circulation for a period equal to the term of the tenancy. Now, the term of the tenancy is important. In most cases a tenancy is periodic (month to month)
and in such cases the notice is 30 days, now 60 with changes in the codes. If the agreement was a lease for a period longer than 1 year, the agreement should have been written because contracts that cant be performed in less than a year are required to be written under the Statute of Frauds.
Now, assuming that you have tried to resolve the matter with the tenant and failed, once you have had your unlawful detainer hearing, the court will issue a writ of ejectment. 5 days after that you can have the tenant removed by the local sherriff. Now, if the
tenant abandons their property in the house, you have a duty to use ordinary care to protect it. Usually putting it in storage for a month qualifies. Then you go back to the court and obtain a document called an equitable lien on the property, which is your lkegal entitlement to dispose of it at auction.

Answer 2

Go to your local county court house, and ask them for assistance with filing an eviction notice. They'll give you the right paperwork. You must then post the notice for 30 days. You can either hand it to the tentant, or tape it to the front door. Once it is posted, the 30 days starts.

Answer 3

you have to file a writ of unlawful detainer iin the city/county the property is located in. If you win the arguement you can change the locks in as little as 72 hours after you serve notice.