Get Affordable Legal Help With Eviction Law.

Eviction Law

Eviction is a court action that a landlord may use to remove a tenant from a rented apartment or house if the tenant isn't paying the rent or has seriously violated the lease. A tenant, if evicted, loses the right to remain on the premises.

Because eviction is a drastic measure, every state has very detailed laws on when and how a landlord can evict a tenant. There are some serious consequences for a landlord who doesn't follow the laws, such as having to pay the tenant money damages.

Whether you're a tenant who is facing eviction or a landlord contemplating evicting a tenant, you should check the landlord-tenant laws in your area, or get the advice of an experienced lawyer to make sure that you know the rules.

Reason for Eviction

Some of the most common reasons for eviction are:

• Failure to pay rent
• "Breach" or not following an important provision of the lease, such as keeping a pet on the premises when the lease has a "no pets" provision
• Causing serious damage to the leased 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 a month-to-month lease

How Eviction Works

Eviction is a legal process, a court action, which generally requires:

• Notice to the tenant
• Filing a lawsuit
• Enforcing the eviction order

Notice of Eviction

In most states, tenants must be given notice before the eviction process can begin. Usually called a "notice of termination," it is simply a means of warning a tenant that the landlord wants the tenant off the premises. The typical notices include:

• Notice to Vacate - usually gives a tenant 30 or 60 days to leave the premises
• Notice to Pay or Quit - requires a tenant to either pay past due rent, usually within three days, or leave ("quit") the premises
• Notice to Cure or Quit - requires that a tenant fix a problem or breach of the lease, usually within 20 to 30 days, or leave the premises

If you think you have been served notice of eviction unfairly, or you are a landlord and are not sure what is required to serve a notice of eviction, a landlord-tenant lawyer can advise you of your rights and obligations.

Eviction Lawsuit

A landlord may file a lawsuit to have a tenant evicted if the tenant doesn't do what is required by the notice, such as paying the rent, leaving the premises or getting rid of a pet.

An eviction lawsuit begins when a landlord files a complaint with a court asking for a tenant's eviction. The tenant is then given (or "served with") the complaint and a summons, which is a demand that he or she appear in court for a hearing. If you are a tenant who receives a complaint of eviction, you should consult with a landlord-tenant lawyer as soon as possible.

At the hearing, the landlord will have to give evidence supporting the request for eviction, such as proof of non-payment of rent. But, the tenant can also raise any defense 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
• The right to deduct rent or stop paying rent because the premises were not livable or habitable (this is called a "constructive eviction")

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, which is a claim by the tenant that he or she was essentially "evicted" since he or she couldn't live on the premises. If the tenant can show constructive eviction, the landlord might have to pay the tenant damages for breaking the lease, and in most states, the tenant does not need to pay all of the rent that would have been due under the lease.

Enforcement

If the court rules in the landlord's favor, the tenant is usually given a short time to leave the premises. If the tenant refuses to leave, the landlord has the right to ask law enforcement officers, usually the local sheriff, to forcibly remove the tenant from the premises.

Generally, a landlord must get a court order for eviction and get the sheriff's help if the tenant won't leave. A landlord may not use self-help to try to make the tenant leave. The following actions by a landlord are considered self-help and are not allowed:

• Changing the locks on the doors ("lock out")
• Turning off the power and heat ("freeze out")
• Moving a tenant's belongings out of the premises

If a landlord does these things, the landlord might have to pay the tenant damages for having to find a new place to live or replace the tenant's personal belongings. If you need advice on how to lawfully evict a tenant, or how to fight an unlawful eviction, you should consult with a landlord-tenant lawyer as soon as possible.