How does an LLC evict a tenant that isn't paying rent?
Given that your tenant has failed to pay rent for May 2025 and has a history of irregular payments in recent months, you are well within your rights as a landlord, through your LLC, to begin the eviction process, provided you follow your state’s legal requirements carefully.
The fact that your tenant has not made timely payments consistently strengthens your case for eviction, particularly if you’ve already issued prior warnings or documented their history of nonpayment.
The first step is to issue a formal written notice to the tenant. In most states, for nonpayment of rent, this would be a “Pay or Quit” notice, which typically gives the tenant three to five days to pay the overdue rent or vacate the property.
The exact number of days and the content of the notice vary slightly by state law, so it’s essential to use a form that complies with your state’s requirements. This notice must be properly served—either delivered in person, posted at the property, or sent via certified mail—depending on the rules in your jurisdiction. It’s critical that this step is done correctly, because any flaw in service can delay or invalidate your eviction filing.
If the tenant fails to pay or leave within the timeframe provided in the notice, your LLC would then file a formal unlawful detainer (eviction) action with the court in the jurisdiction where the property is located.
As an LLC, you are considered a separate legal entity, and most courts will require that the filing and court appearances be handled by a licensed attorney rather than you personally. This is because a non-attorney cannot represent a corporation or LLC in court, except in small claims court in some states.
Once the case is filed, the court will set a hearing date, and if the judge rules in your favor, they will issue a judgment for possession.
After obtaining the judgment, you can request a writ of possession. This allows the sheriff or constable to physically remove the tenant from the premises if they still haven’t vacated. It’s advisable to avoid any “self-help” eviction tactics—such as changing the locks or removing the tenant’s belongings—because these are illegal in most states and could expose your LLC to liability.
In parallel, if your lease agreement includes any clauses about late fees or attorney’s fees, those may also be recoverable through the court’s judgment, depending on how the lease is written and what your state law allows.
To protect your LLC’s interests and avoid unnecessary delay or dismissal, it’s highly recommended that you consult with a local attorney experienced in landlord-tenant law.
They can help prepare the notice, ensure that all filings meet procedural rules, and represent your LLC in court if required. With a documented pattern of late or missed payments and proper legal steps, you should be able to regain possession of your property lawfully and in a timely manner.
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I am the landlord and I want to evict my tenant.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction.
Landlord is an LLC
Hi there, thanks for choosing AskaLawyer! I’m Justin, an Expert here to help answer your general legal questions. Don’t worry, the law can be complicated, but I’m here to break it down and provide clear, understandable answers. Let me know what’s going on, and I’ll do my best to assist you.
Hello Justin,
We have rented our property to someone, and they haven't made payment for the month of May 2025 and the last few months, payment has been irregular.
Given that your tenant has failed to pay rent for May 2025 and has a history of irregular payments in recent months, you are well within your rights as a landlord, through your LLC, to begin the eviction process, provided you follow your state’s legal requirements carefully.
The fact that your tenant has not made timely payments consistently strengthens your case for eviction, particularly if you’ve already issued prior warnings or documented their history of nonpayment.
The first step is to issue a formal written notice to the tenant. In most states, for nonpayment of rent, this would be a “Pay or Quit” notice, which typically gives the tenant three to five days to pay the overdue rent or vacate the property.
The exact number of days and the content of the notice vary slightly by state law, so it’s essential to use a form that complies with your state’s requirements. This notice must be properly served—either delivered in person, posted at the property, or sent via certified mail—depending on the rules in your jurisdiction. It’s critical that this step is done correctly, because any flaw in service can delay or invalidate your eviction filing.
If the tenant fails to pay or leave within the timeframe provided in the notice, your LLC would then file a formal unlawful detainer (eviction) action with the court in the jurisdiction where the property is located.
As an LLC, you are considered a separate legal entity, and most courts will require that the filing and court appearances be handled by a licensed attorney rather than you personally. This is because a non-attorney cannot represent a corporation or LLC in court, except in small claims court in some states.
Once the case is filed, the court will set a hearing date, and if the judge rules in your favor, they will issue a judgment for possession.
After obtaining the judgment, you can request a writ of possession. This allows the sheriff or constable to physically remove the tenant from the premises if they still haven’t vacated. It’s advisable to avoid any “self-help” eviction tactics—such as changing the locks or removing the tenant’s belongings—because these are illegal in most states and could expose your LLC to liability.
In parallel, if your lease agreement includes any clauses about late fees or attorney’s fees, those may also be recoverable through the court’s judgment, depending on how the lease is written and what your state law allows.
To protect your LLC’s interests and avoid unnecessary delay or dismissal, it’s highly recommended that you consult with a local attorney experienced in landlord-tenant law.
They can help prepare the notice, ensure that all filings meet procedural rules, and represent your LLC in court if required. With a documented pattern of late or missed payments and proper legal steps, you should be able to regain possession of your property lawfully and in a timely manner.
Can you please help us create a letter and send it to the tenant?
I cannot send anything for you, but I can assist in drafting a letter.
However, document prep is considered a premium service and requires an additional fee.
I’d recommend using avvo.com to find a local attorney.
Thank you.
You are most welcome. Have a good evening and best of luck!
