Tenant Eviction Rights and Repossession
Each U.S. state maintains its own set of rights for tenants who become involved in eviction proceedings. These rights, while slightly different everywhere, usually have provisions guaranteeing the tenant the right to access his property, and prevents the landlord from tossing the tenant out onto the street until a legal eviction hearing is held to determine if eviction should actually occur.
Other People Are Reading
-
Eviction by Court Order
-
According to Free Advice's website, in the majority of states across the country a tenant has the right to an eviction by court order. This means a landlord is required to sue his tenant in civil court in order to legally force an eviction. It is illegal for a landlord to bar a tenant's entry to the rental property in question by changing door locks or windows, even if he's behind on the rent, until the tenant is formally evicted by the local sheriff's office.
Notice of Lease Violation
-
Some states require a landlord to inform a tenant in writing when a violation of the lease agreement not relating to payment of rent has occurred. The landlord is required to inform the tenant of the lease violation and allow her five to 10 days to correct the behavior or condition which is contributing to the violation. The total time the tenant has to fix the situation varies by state. If the tenant has not corrected the behavior or remedied the situation when the allotted time expires, the landlord may file eviction proceedings against the tenant.
-
Tenant's Property
-
A tenant has the right to claim his property in an eviction. A tenant is required to be allowed access to the property so she may make an orderly collection of her possessions while being supervised by the local sheriff's department conducting the eviction. If the tenant leaves property behind in the rental unit, the landlord is required to make a good faith effort to contact the tenant either by phone or at her forwarding address. If the former tenant does not claim her property within a period of time as determined by the state, the landlord may legally sell any property valued over a certain dollar amount -- usually $500.
Unconditional Eviction
-
In some cases where a substantial violation of the lease agreement exists or if the tenant has broken certain laws, a landlord may appeal to the court for an accelerated eviction. This court filing usually grants a landlord immediate right of repossession of the property in order to protect the safety of other tenants and the future viability of the rental property. This legal procedure is usually performed when a tenant is found to be using the property to sell illegal drugs or has assaulted a roommate or other tenant. The evicted tenant still retains his rights to his personal property but he is not able to formally fight the eviction in court.
-
