EVICTIONS – Start Here
LEGAL GROUNDS FOR EVICTIONS IN MOST STATE
EVICTION FORMS: Our free forms and lawyer enabled forms. HERE
NOTE: You should always consult an attorney in your state or local market for more information
In general, the rules for evicting a tenant are nearly the same for each state. It is the process to evict a tenant that may vary from state to state, city to city county to county. Such things as required notices, how and where to file, and time frames for response may vary. Again, this is why we highly suggest you work with an eviction attorney in your local market. They will know the process and the courts and how to proceed to either represent the Landlord or the Tenant(s).
For tenants facing eviction, you may have difficulty find an eviction attorney. Many attorneys beleive that if the tenant is getting evicted for non-payment of rent, then how would they get paid.
In addition, tenants who receive rental assistance may have special protections from evictions.
You can never evict a tenant without a court order.
So how do you get a court order to evict a problem tenant? The first step is with an Eviction Notice. A typical Eviction Notice will inform the tenant of the problem—such as late rent or having a pet when the lease prevented one—and give the tenant an amount of time to remedy the problem—such as paying back rent or finding a new home for the pet. If the tenant does not fix the problem, a court date can be set and, depending on the outcome of the case, the tenant can be formally asked to vacate or law enforcement may remove them. on the EVICTION PROCESS.
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 also known as the EVICTION NOTICE. Eviction laws 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 state and local law prior to evicting them. When in doubt consult an attorney who specializes in evictions.
SECTION 8 EVICTIONS – To evict a Section 8 / Housing Voucher tenant, see our guide on Section 8 Evictions
TENANTS and EVICTIONS
Know how to defend yourself against an unjustifiable eviction. To protect yourself, read your lease. Find your state eviction laws.
Also you may:
- contact a lawyer see our guide . Look for a Local Legal Aide Agency
- contact your local government—many cities have a department of consumer affairs or housing department to help you
- if your rent is subsidized, check whether the subsidy program will help (Section 8 or other local social service agency)
- ask the local library for the municipal code regulations on eviction
- look at why you are getting evicted. Can you make adjustments?
LEGAL GROUNDS FOR EVICTIONS IN MOST STATES
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.
See: EVICTION NOTICE
If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline for payment of rent, the landlord doesn’t have to accept payment.
OTHER TENANT VIOLATIONS
The landlord must inform the tenant in writing of the lease “violation”.
The tenant must have ample time to correct the problem.
If the tenant does nothing to correct it, the landlord may begin eviction proceedings.
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.
Give the tenant a 60 or 90 day renewal (or non-renewal) notice.
When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease.
If the tenant does not leave at the end of that time, the landlord can evict.
TENANT IN EVICTION CASES SHOULD
Present documents, use originals or quality copies.
Get a receipt for all cash transactions. Canceled checks and money orders are a good proof of payments.
IF THE COURT ORDERS YOU EVICTED
You might 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.
A Landlord cannot evict you until they have a court order.
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 or delay evictions your date.
YOU MUST HAVE PLAN OF ACTION IN THE EVENT YOU CANNOT DELAY.
The law in most states 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.
The tenant must also make sure the landlord or his contractor has access to fix the problem. Just because you withhold rent, doesn’t mean you won’t have to eventually pay.
The landlord may proceed with evictions in most cases.
HAVE THE MONEY YOU WITHHELD READY TO PAY