An eviction is the process where an occupying tenant is legally removed by a property’s landlord. Eviction permits a landlord to retake possession of their property in the tenant before the rental agreement expires. Proper processes must be followed by landlords or risk a tenant’s competition of a courtroom nullification and the eviction.
Lease Violation
Before he could begin the eviction process, A landlord must have a legitimate reason. The tenant breaches the terms of the lease agreement by failing to pay the rent on time. A landlord can also evict a tenant for exceeding noise-level limits, damaging the unit or surrounding property, permitting unauthorized tenants to reside in the unit and other activities that violate the rental.
Notice to Quit
When a landlord decides she wishes to evict a tenant for cause, she must serve the tenant a Notice to Cease and offer the tenant a chance to resolve the issue, known as a”redemption period.” On how long the redemption period lasts state tenancy laws change, but the period of time is 10 to 14 days. The landlord must make it crystal clear that in the event the tenant fails to resolve the issue he’ll be evicted. In the event the renter doesn’t resolve the issue before the redemption period elapses, the landlord can continue the flooding process.
Notice of Termination
A Notice of Termination is the”final warning” in the tenant eviction process. In the event the renter fails to resolve the issue after receiving the Notice to Quit and she won’t vacate the property, the landlord could then serve a Notice of Termination which instructs the renter to move out by a particular date. Again, the requirements vary from state to state, but the timeframe to get a Notice of Termination is three days.
Summons & Complaint
The landlord’s next step would be to submit a complaint for unlawful detainment, then serve the tenant with a summons and a copy of the complaint. The renter has the choice to answer by drafting and filing an answer, where she may dispute the landlord’s version of events and provide her own. In the event the renter fails to respond, however, the landlord can proceed for default judgment and win the case. If the landlord is successful in bringing an action for unlawful detainment, the judge will enter an order instructing the tenant to vacate the property. Depending on the jurisdiction and the nature of the matter, the renter may have up to fourteen days or as little as 24 hours to move out.
Writ of Possession
Some tenants refuse to vacate after losing in court. When this occurs, the landlord can ask the court to enter a Writ of Possession, which directs the local law enforcement agency to remove the tenant in the home. The landlord offers law enforcement with the first writ and grants permission to get an officer to go into the property. In most jurisdictions, the officer will serve the tenant with an absolute last final notice to vacate over the next 24 to 72 hoursat which point the officer will go back to escort off the tenant the property. If the tenant still won’t proceed, the officer will physically escort the tenant in the premises and the tenant is going to be arrested when he tries to reunite.