- Tenants can only be evicted for proper cause, typically violation of the lease. The most common violations are nonpayment of rent, illegal activity on the property, destruction of the property or natural expiration of the lease. However, proper cause does not include evictions based upon a tenant asserting his rights under a lease, such as the right to quiet enjoyment of the property. Evictions based on such reasoning will not be enforced by the court.
- The first step to eviction is giving the tenant notice of the intent to evict. While this is usually accomplished in the form of a letter, addressed to the tenant, stating the reasons for the eviction, some states may require more formal notice. The second step of the eviction process is beginning the court action. In evictions based on property damage, health hazards or illegal activity, many states require a landlord to give at least three days notice before beginning court proceedings; some states require seven. For other evictions, such as a tenant holding over after the expiration of the lease, 30 day's notice is required, though some states require 60.
- After the notice of eviction is served the tenant may be able to avoid removal from the property simply by curing the violation. This might require the tenant to pay the past-due rent, repair of the damage or cessation of the illegal activity. Once the eviction has reached the court, though, avoiding removal is much more difficult, even though the landlord still has the right to allow the tenant to resolve the matter at that point.
- Once the eviction process has begun the landlord must be careful to avoid actions designed to drive the tenant from the premises until such time as the court orders the tenant's removal from the property. These actions could include, but are not limited to, harassing or threatening the tenant, locking the tenant out of the property, destroying the tenant's property or disconnecting the utilities. While a landlord may feel these actions are justified, they may result in the landlord being held civilly liable for damages to the tenant.
- If the property in question is public, subsidized or rent-controlled housing, the eviction process is altered so that it is more difficult to remove a tenant. If you live in one such place and the landlord has given notice of eviction, contact an attorney immediately for more information.
- Eviction laws vary from state to state and even city to city. The information in this article should never be used as a substitute for legal advice and if given an eviction notice, please contact a licensed attorney immediately.
Comments
2cutecg said
on 12/12/2009 If you were given a 3 day notice for non payment of rent on th 4th day of he month. You moved out on the 5th day after recieving the notice and then turned your apartment keys in on the 6. How can they say you moved out without giving notice and charge you with $1700 and included a 160 water fee and fees for not painting the walls after moving. Saying you didnt give them a 2 week notice.