Tenants' Eviction Rights
Many renters face eviction every year. For anybody that can be an aggravating and confusing process, made all the worse by a lack of information about what a tenant's rights eviction rights are. Understanding the rights of a tenant during eviction is essential not only to those facing eviction but to tenants everywhere.
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Reasons to Evict
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Before a landlord can evict a tenant he must find proper cause to do so, such as a violation of the lease. The most common lease violations are failure to pay rent, tenant's damaging the property, illegal activity and the natural expiration of the lease. It should be known that a tenant asserting his rights under a lease, such as the right to a habitable and safe dwelling, will never be viewed as proper cause to evict.
Notice of Intent to Evict
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To evict a tenant the landlord must first give notice of his intent to evict. This can usually be done in the form of a letter, addressed to the tenant, detailing the reasons for eviction. If the eviction is based upon property damage, health hazards or illegal activity, the landlord will be required to give at least three days notice before beginning court proceedings, though some states require seven. For other evictions, including a tenant holding over after the expiration of the lease, 30 day's notice is required, though some instances require 60.
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Avoiding Eviction Once It Has Begun
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Once the notice of intent to evict is given the tenant can avoid removal from the property by simply rectifying the situation. This may require paying the past due rent or repairing damage. However, once the eviction reaches the court, stopping the process is a bit more difficult, though it can still be settled at this point. Still, once the matter is in the court's hands most landlords will not stop the process.
Illegal Eviction
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Once a notice of eviction is given the landlord must take no actions designed to drive the tenant from the premises until the court enters the tenant's removal from the property. These could include a landlord harassing or threatening a tenant, locking the tenant out or destroying his property, or disconnecting the utilities. Such actions could result in the landlord being held civilly liable for damages to the tenant.
Public or Subsidized Housing
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In cases of public, subsidized housing or rent-controlled housing, most states have implemented special eviction procedures that typically make it more difficult to remove a tenant. If you live in one such place, contact an attorney immediately for more information.
Caution
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Eviction laws vary from state to state and the information in this article should never be used as a substitute for legal advice. If given an eviction notice, please contact a licensed attorney in your area immediately.
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