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.
Starting the Process
The eviction process starts with a termination of tenancy. The landlord sends an eviction letter or notice to the tenant giving the tenant at least 30 to 90 days notice depending on local and state laws. Sometimes there are special notice requirements for tenants who have resided at the premises for a long time, disabled tenants or senior citizens.
The landlord then files a legal action with the court. The tenant has an opportunity to answer or a default judgment is entered. If the court rules in favor of the landlord, the judgment will be entered. The sheriff must post a notice on the tenant's door advising the tenant of the eviction. The tenant must vacate or the sheriff will remove the tenant's belongings and change the locks.
Reasons for Eviction
- Non-payment of rent. The landlord can serve a notice to quit and pay rent giving the tenant 3-5 days to pay or move out.
- Violation of rental agreement. Notice must give tenant statutory amount of time to correct violation.
- Illegal activity on the premises.
The landlord cannot evict a tenant for illegal reasons such as discrimination or retaliation against a tenant for reporting violations or requesting repairs be made. Some states require landlords to pay relocation expenses, especially to seniors or disabled tenants.
Eviction Legal Help
Eviction laws are complicated, and you should seek the advice of an experienced eviction attorney specializing in landlord and tenant law, if you are involved in an eviction process.