No matter how many noisy gatherings a renter has or how much money is due, a property owner can't use their own methods to evict a renter, such as changing the lock or turning off the gas or water. A property owner who does that may be held liable for damages.
A property owner who chooses to evict a tenant must follow the applicable state and local laws exactly. Compared to other legal actions, eviction is fast. The difference is that the property owner must do everything correctly. If the property owner makes errors in giving an eviction notice, for example, your case can be dismissed and the property owner will have to start over.
The first thing a property owner has to do to start an eviction is to terminate the tenancy. This is done by posting an
eviction notice. There are many kinds of notices a property owner may use:
Nonpayment of rent: If the renter doesn't pay the rent on the date it's due, the property owner can give a notice that the rent is overdue and give the occupant a certain time typically three to five days) in which to deliver the rent or vacate. If the renter is able to pay the full amount in the time written on the notice, the process stops there.
Correcting a violation: Sometimes a property owner can hand a renter a notice to correct some violation of a residential lease agreement, such as a broken-down car on the property, a cat that's not allowed by the lease residential lease agreement, or more tenants living in the apartment than is allowed in the residential lease agreement. The eviction notice must say the duration of time the renter has to fix this.
Unconditional notice: Sometimes a property owner can deliver a notice for a renter to vacate without any chance of correcting the violation. In most states this can only be done if the renter has grievously violated the residential lease agreement. For example, if the renter has consistently been overdue with the rent, is selling drugs, or has caused severe impairment to the property. The time given to vacate is determined by each state. If the renter has done what the property owner says he did, he or she must vacate or be evicted.
Thirty-day or Sixty-day notices: Sometimes a property owner can hand an
eviction notice for a renter to vacate without listing any reason. The time allowable under each state's law for this kind of a notice is usually Thirty or Sixty days. Different time periods may be applicable if the renter has occupied in the unit for many years, is a elderly or physically challenged, is a HUD tenant, or if the circumstance for the eviction is an apartment being turned into a condo. A property owner can't deliver this type of notice to a renter with a residential lease agreement until the lease cycle is over. In addition, he or she can't hand this kind of a notice for illegal situations such as bigotry or retribution against a renter for reporting negligence or demanding repairs. This type of notice may also be disallowed in locales with rent control or rent stabilization laws. Some places make it a requirement for landlords to pay moving costs in some situations.
If the tenant hasn't fixed the problem by the end of the period given on the notice as in paying the money owed or locating a new home for the dog or vacated, the property owner can file an eviction action at their local courthouse. This has to be delivered in a way outlined by the law to the renter by a person other than the property owner. Research the law to ensure the documents are served correctly. If they aren't, the judge will disallow the eviction.
After getting eviction documents the renter has a chance to respond. The time for the renter to respond will be on the documents that are delivered. The response will have to be in the version required by the local courthouse regulations and say law, so a renter might want help with creating their reply. This is the time for the renter to raise defenses such as that no money is due because the property owner didn't give the required notice of the rent going up, or a Thirty-day notice was handed out because the renter reported a health code problem in the apartment.
If the renter doesn't file their reply with the courthouse, the courthouse will enter what is referred to as a default judgment for eviction if the property owner can prove that the court documents were delivered correctly on the renter. The renter may have a default judgment terminated if there was an acceptable reason why he wasn't able to respond in the amount of time required.
If the tenant brings up a valid reason, a court hearing will be set. This is when a renter has to manufacture whatever proof they have, including insufficient notices given by the property owner and documents created by the renter in response.
If the courthouse decides that the property owner can evict the renter, the property owner still cannot alter the doors or locks. The property owner must take the courthouse order to the local law enforcement agency and they will come and place a notice, usually on the occupant's door, informing the renter that if she or he does not vacate by the date and time posted, the local law enforcement agency will come and remove the renter and the occupant's possessions from the apartment.
The whole
eviction notice process can take as few as Twenty days if the property owner does everything correctly and the renter has no claim, to several months if the renter states a valid defense that forces the case to trial.
