What is an Eviction and What is the Process?

 

An eviction is the legal process by which a landlord removes a tenant from a rental property. The eviction process begins when a landlord serves the tenant with a notice, which is a formal document that informs the tenant that they must vacate the property within a certain period of time. The length of time that the tenant has to vacate the property will depend on the reason for the eviction and the laws in the state where the property is located.

 

Why Does a Landlord Choose to Evict a Tenant

There are several reasons why a landlord may choose to evict a tenant. The most common reasons include non-payment of rent, violation of the terms of the lease agreement, and illegal activity on the property. In the case of non-payment of rent, the landlord may serve the tenant with a notice to pay rent or vacate. If the tenant does not pay the rent within the specified time period, the landlord may proceed with the eviction process.

 

Serving a Tenant With a Notice

In the case of a violation of the lease agreement, the landlord may serve the tenant with a notice to cure or vacate. This notice informs the tenant that they have a certain period of time to correct the violation, such as removing a pet from the property if it is not allowed, or to vacate the property. If the tenant does not correct the violation within the specified time period, the landlord may proceed with the eviction process.

 

Eviction Process

The eviction process itself can vary depending on the state, but generally, it goes like this:

• The landlord must give the tenant a written notice, which may be called a Notice to Quit or a Notice to Terminate. The notice must specify the reason for the eviction and the date by which the tenant must vacate the property.
• If the tenant does not vacate the property by the date specified in the notice, the landlord must file a complaint with the court.
• The court will then schedule a hearing at which the landlord and the tenant will have an opportunity to present evidence and argue their case.
• If the court finds in favor of the landlord, it will issue an order of eviction, which will typically give the tenant a certain period of time to vacate the property.
• If the tenant does not vacate the property by the date specified in the order of eviction, the landlord may request that the sheriff or marshal physically remove the tenant from the property.

 

It's important to note that evictions should be done with the guidance and supervision of the court, the landlord should not try to evict tenants by themselves, doing so can lead to legal problems.

It's also important to note that landlords must follow the proper legal procedures for eviction and must not evict tenants in an illegal or discriminatory manner. If a tenant feels that they have been evicted illegally or discriminatorily, they may have legal recourse and can seek help from legal aid organizations or attorneys.