Evictions
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Landlords must follow very specific state (and sometimes local) rules and procedures before they can evict a tenant. Notice requirements vary depending upon the reason for eviction (such as nonpayment of rent, violation of the lease, or illegal activity on the premises). How long the process lasts, and whether or not the tenant is given a chance to correct a problem before the landlord files a legal action with the court, depends upon several factors, including the reason for the eviction.
Eviction Procedures and Notices
Landlords must follow very strict state (and sometimes local) rules and procedures in order to evict a tenant.
A landlord cannot evict a tenant without following the local and state eviction law exactly. Otherwise, the eviction case will be thrown out of court, and the landlord will have to start the process again.
The first step to remove a tenant who has failed to pay the rent or otherwise violated a term of the lease or the law is to terminate the tenancy according to your state's procedure.
Tenants who have not paid the rent on time cannot be evicted right away. Landlords must always give them a termination notice, which gives them a specified amount of time in which to leave on their own and thus avoid an eviction lawsuit.
In legalese, the landlord's failure to maintain the rental is known as a "constructive eviction" of the tenant. Having failed to maintain a habitable rental, the landlord has made it impossible for people to live there, and has indirectly removed the tenant.
Eviction for Nonpayment of Rent
The number one reason landlords terminate a tenancy is nonpayment of rent. States (and especially cities with some form of rent regulation) set very specific rules when it comes to issues such as how and when landlords may terminate a tenancy for nonpayment of rent. Here's an overview of some basic issues, including state late rental payment laws.
Tenants who have not paid the rent on time cannot be evicted right away. Landlords must always give them a termination notice, which gives them a specified amount of time in which to leave on their own and thus avoid an eviction lawsuit. And, depending on state law, some tenants may be entitled to a period of time to pay the rent or move out, which gives them a chance to save their tenancy.
Many landlords impose late fees as a way to compensate them for the consequences of receiving late rent. To be legal and enforceable, the fee must be explained in the lease or rental agreement, and must be reasonable—it must closely approximate the landlord’s true damages. Here's an overview of state late fee laws.
In California, if a tenant does not pay the rent before the end of the day it’s due, a landlord can immediately send a termination notice (unless the lease or rental agreement provides for a grace period), giving the tenant three days to pay rent or move out.
Helpful Resources for Eviction
These articles can help both parties before and during an eviction.
Tenants who are at risk of eviction may have several options, depending on how far the termination and eviction have progressed and the circumstances of the case. A good deal of “self-help” may be possible at the beginning, and in some situations, legal help as well.
If you’re a landlord who needs to evict a tenant, chances are that you’ll need some professional legal help. This article will explain, in detail, why.
Reference Books for Landlords
Our suite of landlord- focused reference books are excellent legal guides for anyone renting out residential property. See what the critics say:
"Complete, detailed, accurate, practical, easy-to-understand and superb.... Every residential landlord in all 50 states should be required to read this outstanding book and to keep it handy for reference."-Los Angeles Times
"An up-to-date book such as this is as necessary as a rent receipt book or a good repair person." -San Francisco Chronicle
Reference Books for Tenants
Residential tenants have many rights regarding evictions, rent changes, repairs, noise, security deposits and much more. These guides will help you out in a wide variety of situations.
Protect your rights as a renter, no matter the state you live in. Every Tenant's Legal Guide gives you the legal and practical information you need to deal with your landlord and other tenants.
Protect your rights as a California renter with this guide to tenant-landlord law, free of the legalese. California Tenants' Rights provides you with the specific, current information you need to negotiate a lease, confidently request repairs, fight evictions, and more.
Questions & Answers About Evictions
Here are some questions sent to us about evictions and our attorneys' answers.
First, you need to be sure that you are moving forward in complete compliance with the terms of your lease with the tenant.
I’ve been leasing a condo in Florida for years and I just found out that the owner defaulted on his mortgage. Do I have any rights? How long can I say in the condo?
My two roommates and I have been renting a house here in Arizona for over two years. We know that the landlord has recently received some noise complaints from one of our neighbors. The landlord is now threatening to evict us. Can we be evicted?
Do I need a written agreement to protect myself when leasing a room in a house from a tenant who has been living there for the past year? I don’t want to face a sudden eviction because I don’t have a proper legal contract.
My two roommates and I have been living in this rental home in California for the past two years. One of the roommates is studying abroad and sublet his room to someone he knows without signing a sublet agreement with the subtenant or the landlord. The new roommate has refused to pay the rent he had agreed to, and he won’t leave either. What are
We’re new landlords, having bought some income property last year. One of our tenants has been consistently late on rent, but until recently, they always eventually made it up. Now, though, they are almost two months behind. We’d like to get our back rent and then get them out. What is our next step?
My landlord has locked me out for late rent without giving me any written notice. Is this legal?
I am behind on my rent and attempting to get caught up. My landlord won't evict me, but he’s threatening to garnish my wages from work. Is this legally possible?
I have been subletting a room from a person who is renting the house we both live in. I did not sign any type of sublease contract. Now, this other tenant is threatening to evict me if I don’t start paying higher rent that I can’t afford. I have lived here for only two months. Do I have any rights without a signed contract?
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