State & Local Eviction Procedures
A landlord must follow state and local eviction procedures when evicting a tenant. If the landlord does not follow the procedures correctly, the eviction will be unlawful and invalid. Written notice of an eviction is mandatory when a landlord is evicting a tenant, because the tenant has the right to dispute the eviction. During the eviction process, a tenant may not be removed from the property unless a judge so orders.
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Notifying The Courts
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Eviction procedures vary by state and jurisdiction; however basic procedures apply across the country. To evict a tenant, the landlord must go through the courts. A landlord may not put the tenant or the tenant's belongings out of the property without the approval of the courts or judge. A landlord may not lock the tenant out of the property without the approval of the courts as well. A landlord who does this can be found guilty of an unlawful eviction, and could end up having to compensate the tenant for any loss, damages or costs paid because of the unlawful eviction.
Violation Of Lease Terms
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If the tenant has violated terms of the lease agreement, the landlord may evict the tenant on those grounds, depending on the laws of that state. Some of the violations include non-payment of rent, prostitution and other crimes. A tenant must be given ample time to rectify the situation or dispute an accusation. If the tenant is unable to dispute the accusation of the landlord or rectify the situation, the landlord may proceed with evicting the tenant through the courts.
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No Lease
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Those tenants who do not sign a lease agreement are considered to be renting property month to month, and in some cases week to week, depending on the verbal agreement between the landlord and the tenant. In these cases, state and local eviction policies typically allow the landlord to give a tenant 30-day notice of eviction from the property. A tenant may dispute the action, but as there is no contract or lease to reference, the dispute may not hold up in court. After the notice and date of eviction have been given and the date has passed, the landlord may evict the tenant from the property.
Lease Expiration
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If a lease has expired, the landlord usually has the right to evict the tenant from the rental property. The landlord may extend or renew the contract, but this is not required. Once the tenant has been given written notice, the tenant can dispute the eviction. If the tenant does not dispute the eviction, the landlord may have the authority at the state and local level to evict the tenant on the grounds of an expired lease agreement.
Time Extensions
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State and local courts often allow a renter time to find a new home or secure shelter before ordering an eviction date, if there is justifiable reasoning. The justifiable reasoning includes hardships such as having young children or sick and elderly family members. The courts will allow those with hardships to file for an eviction extension. The extension is not guaranteed and varies by state, but some courts will take the hardships into consideration when handing down a date and decision.
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