For any number of reasons, sometimes people simply don't or can't live up to their ends of certain agreements. Maybe they lost their jobs and can't pay what they owe, or maybe they neglect or "forget" to do something they agreed to do. These situations come up quite frequently in the world of landlords and tenants.
For landlords, eviction is the ultimate tool used for dealing with tenants who don't live up to the terms of their leases. Whether you're a landlord or a tenant, it's important to know how the eviction process works so you can protect your rights.
The Basics of Eviction
Eviction (sometimes called forcible entry and detainer) is a court action used by landlords to remove tenants from rented apartments or houses. Evicted tenants lose their rights to stay on the property, and can be removed by the police, if necessary.
When Tenants Can Be Evicted?
Because eviction is a drastic measure, every state has very detailed laws on when and how it can be done. However, some of the most common reasons for eviction are:
- Failure to pay rent
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Breach or not following an important provision of the lease. Keeping a pet on the premises when the lease says no pets are allowed is a good example
- Committing waste on the property, such as by causing serious damage to the premises that decreases the property's value
- Remaining on the premises after the lease has expired or after the landlord has given notice of termination of the lease
How Eviction Works
The eviction process typically involves three steps:
- Notice to the tenant
- Filing a lawsuit
- Enforcing a court's eviction order
1. The Tenant Gets "Notice"
In most states, tenants must be given notice before the eviction process can begin. Usually called a notice of termination, it's simply a means of warning a tenant that the landlord wants the tenant off the premises. Typical notices include:
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Notice to Vacate - usually gives a tenant 30 or 60 days to leave the premises
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Notice to Pay or Quit - requires a tenant to either pay past due rent, usually within three days, or leave ("quit") the premises
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Notice to Cure or Quit - requires a tenant to fix a problem or breach of the lease, usually within 20 to 30 days, or leave the premises
2. Landlord Files Suit
A landlord may file a lawsuit to have a tenant evicted if the tenant doesn't do what's demanded by the notice of termination, such as paying the rent or getting rid of a pet. The suit begins when the landlord files a complaint with a court asking for a tenant's eviction.
The tenant is then given (or served) the complaint and a summons, which is a demand that the tenant appear in court for a hearing. Usually, the hearing is conducted within a very short time, sometimes as soon as 14 days after the summons and complaint are served.
What happens at the hearing?
The landlord automatically wins (called a default judgment) if the tenant doesn't appear at the hearing or doesn't file a written response (called an answer) to the landlord's complaint.
However, the landlord has to prove to the court that eviction is justified if the tenant files an answer and/or appears at the hearing. Proof of non-payment, for example, usually is good enough to get an eviction order.
The tenant, however, gets a chance to be heard, too. The tenant may raise defenses to the eviction, such as:
- A mistake in the accounting of the rent
- A claim that the landlord is evicting the tenant in retaliation for the tenant's actions, such as asking for repairs, filing a complaint for housing discrimination or joining a tenants' association
In most states, if a landlord fails to keep the premises safe and habitable, and the tenant stops paying rent or leaves the premises because of it, the tenant might be able to establish constructive eviction. The landlord may have to pay the tenant damages for breaking the lease. On top of that, the tenant usually doesn't have to pay all of the rent that would have been due under the lease.
Next: Enforcing the Eviction Order