When evicting a tenant from a house, the landlord has a process to follow. A tenant must violate some terms of the agreement before a landlord can serve the tenant with an eviction, such as non-payment of rent. After the landlord serves the tenant with an eviction, the tenant does not have to leave the house. The landlord cannot force a tenant out of the home, or lock the tenant out. A judge or the court has to give the landlord the permission to legally evict the tenant from the home.
The court has to legally give a landlord or rental property company permission to evict a tenant out of a home. A landlord may serve the tenant of the home with an eviction notice, but the courts have to give the final okay. This gives the tenant time to dispute the eviction. Also, a courtroom judge may give the tenant a stay of execution, which is time to stay in the home until she can find another place to stay. The tenant may have restrictions, such as paying rent or any court fees that have occurred.
Non-Payment Of Rent
A tenant living in a house is responsible for paying a rental fee. If the rental fee is not paid to the landlord or property owner, the tenant could be evicted from the home. A contract or rental agreement is signed, and a section for the rental fee is generally listed in the agreement. If the landlord does not agree to accept a late payment, or the tenant goes beyond the grace period, the landlord has the authority to evict the tenant for non-payment of rent.
A tenant may not use the house for illegal purposes. For instance, using a home for organized crime, to sell drugs, as a kidnapping facility or any other crime is not permitted. Therefore, a landlord or property owner has the right to evict a tenant that is participating in such illegal activity.
Expiration Of Lease Agreement
If the agreement or contract has expired, the tenant may ask for a renewal, or the landlord may offer a renewal agreement. However, the landlord does not have to offer the renewal agreement, and can evict the tenant out of the house at his own discretion. If the tenant refuse to leave the property after his lease has expired, the landlord can start the process to legally evict the tenant off of the property.
Fixing A Violation
A tenant can be evicted from a home for not fixing a violation. Fixing a violation means that the tenant was given notice by the landlord to address an issue, such as moving a junk car from in front of the home. The landlord has to give the tenant a certain amount of time to correct the violation; in some states, it may be five or 10 days. After the time specification has expired, the landlord may evict the tenant from the home if the tenant has not fixed the violation.