Fighting An Eviction
Eviction is the process by which a landlord or leaser forcefully removes a tenant from a rental unit or property. An eviction represents a serious upset in a person’s life and can have far-reaching consequences for individuals and families.
Though rental and eviction laws vary from state to state, it is almost universally accepted that a landlord cannot legally evict a tenant without just cause.
Examples of legally recognized reasons for eviction:
- Failure to pay rent
- Damaging property
- Keeping rental unit in a manner that is unsafe and/or unhealthy
- Residing without a lease
- Violation of lease
Those reasons are not enough for an eviction. Consult an
eviction attorney. A landlord also must follow strict protocol when seeking
eviction of a tenant. Among the common requirements in most states and cities:
Tenants must receive written notice of eviction, typically given no less than five days in advance of eviction.
Landlords might be required to file a detainer lawsuit, wherein a court helps to determine if a tenant has a right to stay on the premises or must evacuate.
Some tenants may not be aware that a landlord cannot expel them from a rental property simply on his or her whim. In fact, forcing a tenant out of a rental property without legal backing – or, to enact self-help eviction, as it is referred to – is illegal in most states.
A
self-help eviction might also consist of actions like:
- Changing the locks when a tenant is away from the premises, OR
- Physically removing the tenant’s property from the premises.
A landlord must follow all federal, state and local laws when seeking to evict a tenant from rental premises. If the landlord violates any of these rental laws, or the terms of the lease, they are violating the tenant’s rights and the tenant should contact a
real estate attorney.
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