| EVICTION DEFINED: An "eviction" is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and put the tenant out. If you are a landlord, you should find out the legal grounds for evicting a tenant as well as the proper notification requirements. The eviction rules vary by state or jurisdiction. A tenant could receive compensation for costs paid because of unlawful eviction. For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law, prior to evicting them.
TENANTS: you need to know how you can defend yourself against an unjustifiable eviction. To protect yourself, read your lease. Find your state eviction laws. Also you may: |
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LEGAL GROUNDS FOR EVICTIONS IN MOST STATES |
| Non-payment of rent: The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated. |
| If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline, the landlord doesn't have to accept payment. |
| Other tenant violations: The landlord must inform the tenant in writing of the lease "violation". The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict. |
| Lease has expired: If the landlord doesn't extend an expired lease and the tenant refuses to leave, the landlord may evict. The tenant must be given written notice. Give the tenant a 60 or 90 day renewal (or non-renewal) notice. |
| No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict. |
| Tenants should: Present documents, use originals or high quality copies. Get a receipt for all cash transactions. Canceled checks and money orders are good proof of payments. |
| If the court orders you evicted, you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date. |
| You may file a request for an "extension of time" if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid evictions. YOU MUST HAVE PLAN OF ACTION. |
| Withhold rent: The law in most states requires the tenant to inform the landlord in writing that they intend to withhold rent if a specific problem isn't solved by a certain date. Tenants must give the landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his contractor has access to fix the problem.
| EVICTION - EVICTING TENANTS |
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Note: You should always consult an attorney in your state or local county court for more information on the EVICTION PROCESS. |
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| EVICTION DEFINED: An "eviction" is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and put the tenant out. If you are a landlord, you should find out the legal grounds for evicting a tenant as well as the proper notification requirements. The eviction rules vary by state or jurisdiction. A tenant could receive compensation for costs paid because of unlawful eviction. For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law, prior to evicting them.
SECTION 8 EVICTIONS - To evict a Section 8 / Housing Voucher, see our guide on Section 8 Evictions
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TENANTS: you need to know how you can defend yourself against an unjustifiable eviction. To protect yourself, read your lease. Find your state eviction laws. Also you may: |
|
LEGAL GROUNDS FOR EVICTIONS IN MOST STATES |
| Non-payment of rent: The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated. |
| If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline, the landlord doesn't have to accept payment. |
| Other tenant violations: The landlord must inform the tenant in writing of the lease "violation". The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict. |
| Lease has expired: If the landlord doesn't extend an expired lease and the tenant refuses to leave, the landlord may evict. The tenant must be given written notice. Give the tenant a 60 or 90 day renewal (or non-renewal) notice. |
| No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict. |
| Tenants should: Present documents, use originals or high quality copies. Get a receipt for all cash transactions. Canceled checks and money orders are good proof of payments. |
| If the court orders you evicted, you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date. |
| You may file a request for an "extension of time" if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid evictions. YOU MUST HAVE PLAN OF ACTION. |
| Withhold rent: The law in most states requires the tenant to inform the landlord in writing that they intend to withhold rent if a specific problem isn't solved by a certain date. Tenants must give the landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his contractor has access to fix the problem. |
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| Use the search box below to find more eviction info or select a state below. Example search : New York Eviction or Texas Eviction |
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| List of Eviction Laws by State | |
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