Eviction is a legal process that requires a landlord to follow specific steps to terminate a tenancy. The landlord must first serve an eviction notice, and if the tenant does not respond, the landlord must file a lawsuit in court. The tenant has the right to provide an answer to the landlord’s motion, and if the case goes to a hearing before a judge, both parties can present evidence. If the judge rules in favor of the landlord, the tenant may have only a few days to vacate the premises before a court-ordered Deputy Sheriff enters the premises and enforces compliance. Constructive eviction is illegal, and landlords must exhaust all good faith efforts to improve the relationship before resorting to eviction.
When the landlord-tenant relationship becomes unworkable, the landlord may find it necessary to evict a tenant through legal channels. Eviction is definitely a legal process and a landlord must follow every step to the letter if he is to be successful. A judge ultimately decides whether or not a landlord can legally evict a tenant, and in many jurisdictions only the sheriff’s department or equivalent can actually use force to remove tenants and their property.
One thing a landlord cannot do to evict a tenant is change locks or otherwise deny physical access to the property. Utilities cannot be shut off and essential safety or hygiene repairs must still be carried out. Any use of intimidation, denial of access, or physical damage to the facility would be considered an illegal act called constructive eviction. Tenants can sue landlords in court for such assets.
To legally evict a tenant, the landlord must first terminate the tenancy. This means drawing up a legal eviction notice, which may also be called a termination notice. However, this eviction notice is more of an official coup on the arch than an actual executive order. The notice should state the reason for the proposed eviction, along with a specific date when the premises should be vacated. This could be as little as three days for non-payment of rent to several months for a general breach of the lease or a unilateral decision to terminate the lease.
Once the first eviction notice is received, the tenant has the right to resolve the matter privately. This could mean paying the overdue rent or getting rid of an unauthorized pet or removing a nuisance from the property. If the tenant makes such a resolution, the landlord should not be able to pursue a legal eviction. However, if the tenant does not respond to the eviction notice within the specified time frame, the landlord can move on to the next legal stage.
Once the deadline has finally expired, and not a minute earlier, the landlord must file a lawsuit against the tenant in a local court. This action is often referred to as a landlord petition for restitution or a forced entry complaint. The landlord must also provide a copy of the lease to the court, as well as a copy of the eviction notice. The court may also require a filing fee. Once the landlord has filed all the paperwork and paid the fee, the court should provide a time and date to appear for the hearing.
In the meantime, the landlord must ensure that the tenant receives all legal notices regarding the impending eviction hearing. These legal documents must be delivered by a disinterested third party, whether a deputy sheriff, professional process server, or any adult unrelated to or employed by the owner. The tenant must have physical possession of the court documents to be considered served. If he or she is not served legally, the eviction process may have to start over, with a new court date and a new judge.
Tenants who have received notice of an impending eviction hearing have the right to provide an answer to the landlord’s motion. An acceptable answer might be proof of a rent payment, proof of wrongdoing on the landlord’s part, or a clear violation of a health code. If the tenant does not provide an acceptable response or file a counterclaim by the court date, the judge can issue a default judgment for the landlord, and the actual physical eviction can take place after a specified number of days.
If the case goes to a hearing before a judge, both parties can present evidence of lease violations or other claims. Witnesses may be called to offer testimony. The judge will review the evidence and decide whether or not the landlord can proceed with the eviction. If the judge rules in favor of the landlord, the tenant may have only a few days to vacate the premises before a court-ordered Deputy Sheriff enters the premises and enforces compliance.
Some landlords find it easier to allow bad tenants to continue occupying a rental property than to go through the legal process of eviction. Others may decide to retaliate against tenants for reporting a violation or insisting on timely repairs. However, the only way to legally evict a tenant is to exhaust all other good faith efforts to improve the relationship and follow the process to the letter to obtain legal redress.
Protect your devices with Threat Protection by NordVPN
