Notice Requirements for Landlord Tenant Eviction
Landlord tenant statutes in each state explain the notice requirements over the course of an eviction process. The specific statutes, time periods and forms used vary among the states, but the eviction notice requirements remain the same in most cases. The tenant receives a notice of the landlord's intent to file the eviction, the summons for the hearing, the court judgment and a writ of possession prior to the physical eviction from the home.
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Termination
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The initial notice that starts the eviction process is known as the termination notice, notice to vacate or notice to quit. Essentially, this notice is the legal dissolution of the landlord tenant agreement in place on the property, as well as a warning that the landlord is serious about starting an eviction action. This is not technically an eviction, as you can leave the property before the termination period ends to avoid the issue going to court. The termination notice gives you both the reason for the termination and the steps that you can take to fix the issue, if you wish.
Eviction Complaint
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A landlord files an eviction complaint if his tenant does not move out in response to the termination notice. The complaint is a formal legal document that petitions for an eviction lawsuit. It is called an unlawful detainer suit and sues the tenant for possession of the rental and any back rent. Along with the eviction complaint, the landlord files a summons that provides you with the hearing date.
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Hearing
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An eviction hearing determines whether the landlord has the grounds to evict you from the home. In some cases, such as nonpayment of rent, he has a very strong case. In other situations, such as those pointing toward discrimination, the hearing may not be entirely in the landlord's favor. Both tenant and landlord can attempt to prove or disprove the validity of the other's position, using evidence and witnesses as needed.
Possession
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The landlord cannot take full possession of the home while the renters live in it, and until the sheriff physically evicts the tenants, he can do nothing to the property. The court generally gives a period of time following the eviction judgment for the tenants to move out, and once that period ends, the landlord can file the form that gets the sheriff to come out and evict the tenants.
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