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 state.  In some states, as long as the rent payment is made before an eviction order is issued by a court of law, the landlord may not evict.  In others, the landlord may evict even if nonpayment falls within the “grace period” allowed by the landlord.  Many states allow a tenant to be issued a 30 day eviction notice for any reason after a lease has ended, even if rent has been paid.  For these reasons and many more, eviction for rent nonpayment can be confusing.

Non-Payment of Rent

A tenant is in a state of “nonpayment of rent” the day after rent has not been paid.  While some landlords have a grace period, they are often not required by law to honor the grace period if a renter is consistently behind.  When rent is not paid, a landlord may issue a notice to quit (or a demand for possession), giving them a certain amount of time to pay before they are required to leave the property.

Eviction for Non-Payment

While the rules vary by state, eviction may occur when the tenant has ignored a 30 day eviction notice (although the period also varies) and the notice to quit, and an eviction order has been issued by a court of law.  Court orders are obtained by filing a complaint, which will require a little bit of paper work at the local court or city hall.  Once a complaint has been filed and an eviction notice has been issued, the tenant is required by law to vacate the premises.

Rent Collection Rights

The landlord has many legal options at his disposal for collection of unpaid rent.  The eviction notices, notices to quit, demands for possession, complaints, and court orders are all tools the landlord may use.  If a tenant drags his feet or threatens to sue, contacting a lawyer may be your best bet to ensure that the legal processes are followed correctly and you receive the money you are owed.

Rental Eviction Legal Help

Whether you are a landlord who needs to evict a tenant or a tenant in danger of eviction, a qualified tenant eviction lawyer can help protect your best interests and ensure a resolution that is fair and adequate. Contact a qualified landlord tenant attorney as soon as an eviction or nonpayment issue arises to discuss your options.