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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.
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Tenant Eviction Procedure and "Eviction Letters"
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. These terminations are sometimes called "eviction notices," but they don't mean that an eviction will necessarily follow.
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Eviction Process for Nonpayment of Rent
When tenants do not pay the rent on time, they sometimes have a few days to pay or move out before the landlord may file for eviction. An eviction lawsuit must be preceded by a termination notice, giving the tenant time to voluntarily leave and avoid a lawsuit.
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Landlords must offer and maintain fit and habitable rental housing, in all states but Arkansas. When they fail to keep the property up to par despite being given notice and a reasonable amount of time to make repairs, tenants may move out without responsibility for future rent. In legalese, tenants in this situation have been "constructively evicted."
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Many states do not have laws that specifically regulate late fees. However, most states apply a “reasonable” or “fair” standard when dealing with disputes over late fees between...
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California Rules for Terminating a Tenancy for Nonpayment of Rent
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.
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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. By Attorney Janet Portman
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When headed into an eviction, it's usually best to have the help of a seasoned landlord-tenant lawyer. You can assist your lawyer in several ways.
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"<em>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.</em>"-<b>Los Angeles Times</b>