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EVICTION DEFINED: An "eviction" is a legal proceeding by which the landlord
seeks to reclaim the premises (apartment or home) and put the tenant
out.
If you are a landlord, you should find out the legal grounds for
evicting a tenant as well as the proper notification requirements. The
eviction rules vary by state or jurisdiction. A tenant could receive
compensation for costs paid because of unlawful eviction. For a
landlord to take legal action against a tenant who does not move out,
the landlord must first give written notice to the tenant in
accordance with the law, prior to evicting them.
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SECTION 8
EVICTIONS - To evict a Section 8 / Housing Voucher, see
our guide on Section 8 Evictions |
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TENANTS: you need to know how you can defend yourself
against an unjustifiable eviction. To protect yourself, read your
lease. Find the eviction laws in your area:
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contact your lawyer
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contact your local government—many cities have a department of
consumer affairs or housing department to help you
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if your rent is subsidized, check whether the subsidy program
will help
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ask the local library for the municipal code regulations on
eviction
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What are the legal grounds for eviction in most areas?
Non-payment of rent:
The landlord must inform the tenant in writing that full rent is due
by a specific deadline or the lease will be terminated.
If the landlord refuses to take full payment and the tenant can
prove it, the eviction can be challenged in court. After the deadline,
the landlord doesn't have to accept payment.
Other tenant violations:
The landlord must inform the tenant in writing of the supposed
violation. The tenant must have ample time to correct the problem. If
the tenant does nothing to correct it, the landlord may evict.
Lease has expired:
If the landlord doesn't extend an expired lease and the tenant refuses
to leave, the landlord may evict. The tenant must be given written
notice.
No lease:
When a tenant rents month to month without a lease, a landlord needs
only to give written notice (usually 30 days) to terminate the lease.
If the tenant does not leave at the end of that time, the landlord can
evict.
Tenants should: Present documents, use originals or high quality copies. All
cash transactions should be documented with receipts. Canceled
checks and money orders are good proof of payments.
If the court orders you evicted, you can postpone eviction if you
have a good reason. The judge may consider hardships, such as young
children or a sick or elderly family member, in setting the eviction
date. Landlords be prepared.
You may file a request for an "extension of time" if
hardships keep you from making the deadline. Typically moving a child
out of school, loss of job etc may qualify to avoid evictions. BE YOU
MUST HAVE PLAN OF ACTION.
Withhold rent: The law in most jurisdictions requires the tenant to inform the
landlord in writing that they intend to withhold rent if a
specific problem isn't solved by a certain date. Tenants must give the
landlord reasonable time to comply with their requests, depending on
the problem. The tenant must also make sure the landlord or his
contractor has access to fix the problem.
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