Tenants & Eviction Law
Both landlords and tenants should know what the laws are regarding eviction so that both sides get the fairest treatment possible. It's not fair to the landlord when the tenant stops paying rent or becomes unruly and causes disturbances, and it's not fair to the tenant if the landlord decides to lock her out or otherwise harass her without following proper eviction procedures.
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Laws Vary
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Evictions are difficult, painful and expensive for landlords and tenants. The way to conduct evictions varies by state or local law, but many states follow the basic eviction law found in the Uniform Residential Landlord and Tenant Act. Landlords and tenants should be aware of the basic laws and reasons for evictions, but the only way to know your specific laws is to check with your local jurisdiction.
Basic Eviction Reasons
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Three basic reasons exist for evicting tenants: not paying rent, violations of the lease and an expired lease. Typical lease violations include adding residents or pets, making too much noise or leaving minors unsupervised in the property. When the lease ends, landlords are under no obligation to renew it, even if the tenant wants to and has been a model tenant. While the landlord can simply give no reason for not renewing, he cannot give a reason that discriminates because of race, religion, color, sex, national origin, familial status or a disability, as that breaks federal law under the Fair Housing Act.
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Tenant and Landlord Rights
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Landlords must follow an implied warranty of habitability, which ensures that tenants have plumbing that works, water, a safe structure and heat. Tenants have a right to report or sue the landlord if the landlord violates housing code requirements. The landlord cannot evict in retaliation. In addition, landlords cannot harass tenants to get them to leave. Cutting off utilities and changing locks are two illegal, but common, harassment methods that some landlords use. Landlords have the right to expect that their tenants are not breaking the law. If the tenants are selling drugs from the property, for example, the landlord can evict without sending the usual notice to quit.
The Eviction Process
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Usually, before a landlord can evict, the landlord must give the tenant a notice to quit. Each state specifies what the landlord needs to include in this notice. Typically, the notice asks the tenant to leave unless she pays the rent and any back rent due or rectifies any lease violations within a short time, typically three days. Different states have varying rules as to how much time the tenant has to vacate. If, after several days, the tenant agrees neither to leave nor to correct the situation, the landlord must get a court order to evict -- she cannot just show up and physically remove the tenant. The process can take days, weeks or months, depending on the court system. Once the landlord gets the court order, if the tenant still won't leave, the landlord can hire a police officer to remove the tenant. Some landlords, to avoid the expense of an eviction and to get the tenant out quicker, may offer to pay the tenant to leave contingent upon the property being in good condition.
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