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Eviction Process

The eviction process is sometimes thought as quick & simple, but according to the process spelled out by eviction laws, it is actually quite an extensive task. For the eviction process to occur, there must be a reason for eviction, which is usually a violation of the lease. Violations of the lease include: failure to pay rent, causing major damage to the property, or overstaying the specified duration of the lease. The actual eviction process begins with the landlord issuing the tenant a notice of eviction, normally 3 days in length, during which time the tenant must leave or face a court case. At this point, the tenant can choose to move or negotiate the eviction without penalty. As soon as the notice period ends, however, the case is "fair game" and can be filed in court. Unless the tenant can provide a valid argument against eviction, the court will rule a default judgment to evict. At this point in time, the landlord can legally remove the tenant and their belongings from the premises.

Fast Facts

  • foreclosures and evictions are up 30 percent as a result of increasing unemployment
  • a writ of possession is delivered if the court rules in favor of the landlord

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  • Eviction Notice

    A landlord cannot evict a tenant without following the local and state eviction law exactly. Otherwise, the ev...
    • Site: landlordtenantlawfirms.com
  • Rental Properties in Foreclosure and Evictions

    If your lender has commenced foreclosure proceedings against you, the lender cannot just evict you from your h...
    • Site: foreclosurelawfirms.com
    • 1 of 1 user(s) found this useful
  • Understanding the Eviction Process

    If you have a tenant who has violated their lease terms, you are likely considering initiating the eviction pr...
    • Site: landlordtenantlawfirms.com
  • Evicting for Nonpayment of Rent and Process

    The nonpayment of rent can obviously result in the eviction of a tenant, although laws vary from state to stat...
    • Site: landlordtenantlawfirms.com
  • Constructive Notice and Eviction

    The law requires that landlords provide a safe and habitable environment for renters.  In addition, landlords ...
    • Site: landlordtenantlawfirms.com

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