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Eviction Proceedings

By law, a landlord can only evict a tenant through formal legal eviction proceedings. There are three basic types of eviction proceedings: eviction for nonpayment of rent, eviction due to a lease violation, and eviction at the end of a rental period. Eviction for nonpayment of rent is the most common type of eviction. Different types of eviction proceedings have their own specific rules and regulations, and laws may also vary by state or jurisdiction. Generally, a landlord must first give a tenant an official eviction notice. An eviction notice may specify a set amount of time that the tenant has to pay rent or correct the lease violation to avoid eviction. If the matter is not settled after the specified amount of time, a landlord may then commence eviction proceedings by fining an official eviction complaint with the court. All tenants have the right to defend themselves in eviction proceedings; eviction attorneys are sometimes hired to assist tenants in eviction proceedings.

Fast Facts

  • A 1993 study concluded that nearly half of all tenants facing eviction in New York City Housing Court had incomes below $10,000.
  • There were 17,6863 eviction cases filed with Texas courts in January 2007.

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