FAQs – Eviction Process

Ques. What steps can a landlord take if a tenant refuses to leave even after his / her lease has been terminated?

Ans. Try reasoning with the tenant, if that fails a landlord can go in for third party mediation, failing which he / she can take the tenant to court. It is important to remember, a landlord cannot evict a tenant on his / her own, it only lies within a court’s jurisdiction to do so.

Ques. How can a lease be terminated after its expiry?

Ans. It all depends on the kind of lease you have. An oral month-to-month tenancy lease can be ended, simply by serving a written notice on the tenant and giving a 30-day notice period to vacate, if rent is paid on a monthly basis. In the event, of weekly rental payments, a landlord must give 7-days notice to vacate. Most states require notices to be delivered in person, although they can be sent by mail, as well.

In case of written leases specifying a set duration or term, a lease automatically expires on the last day of the term. However, some cities require a 30-day written notice to the tenant before the end of a lease term, as without notice, a tenant remains unaware, whether the landlord wishes to renew the lease or terminate it. It is a good idea for landlords to discuss lease expiries with tenants, well before a lease term is up.

A tenant’s lease can also be terminated for a good cause, such as, non-payment of rent, damaging the premises, or violating the rules and regulations mentioned in the lease. Common violations are disturbing the peace of the neighbourhood by creating excessive noise, keeping pets despite a No Pets clause in the lease, keeping co-tenants not listed in the lease. Again, a notice must be issued to the tenant that he / she has so many days in which to correct the problem, failing which, eviction proceedings will take place.

Ques. Why all the emphasis on written notices?

Ans. The law imposes specific statutory obligations on landlords as to the method to be followed for terminating leases, and if a landlord does not comply with a written notice when required or if it is not properly worded or served to the tenant, the landlord forgoes the right to terminate the tenancy. Before proceeding to litigate, a landlord must insure all deficiencies have been corrected in the written notice, as else it may be too late, once the matter has gone to court.

Ques. What is the time duration of the eviction process?

Ans. After expiry of a notice period, a landlord is allowed to go ahead and file an unlawful detainer lawsuit, which is assigned for trial as a summary or quick proceeding by the court. Assuming the notice to vacate and summons to court have been properly serviced, the court renders judgement after a default proceeding or trial, which may be scheduled two weeks after filing of the suit. Certain states allow a judge to order immediate eviction at the end of the trial.

Usually, the court gives the tenant one to four weeks to move out. If a tenant refuses to leave even then, a landlord can hire the sheriff or marshal to carry out a forcible eviction, all of which could take several weeks. Further, a tenant filing a motion for extra time or objecting to the ruling of the court, could lead to further delays.

On the whole, the eviction process can take anywhere from five weeks to three months, assuming there are no delays.

Ques. Supposing a tenant does not show up in court, what happens then?

Ans. In the event a tenant does not respond properly or show up in court, the judge issues a default judgement in favour of the landlord. It is not in a tenant’s interest to fail to appear in court.

Ques. What kind of judgment does a court give for eviction cases?

Ans. A court ruling in favour of the landlord means, it may ask the tenant to simply vacate the premises, or else to pay back rent and vacate, as well as, pay for damages to the premises, court fees, and pay the landlord’s legal costs.

Ques. What if a landlord physically throws out a tenant and his / her possessions after a court orders eviction?

Ans. If, he / she does so, they may end up in trouble. Only a sheriff or some other proper authority can carry out physical eviction, just as only the court can evict a tenant. The main purpose behind court proceedings is to prevent landlords from carrying out illegal self-help evictions. Again, if the court issues a judgement for unpaid rent, the landlord is required to use the normal debt-collection procedures.

Ques. Is a tenant required to pay rent after a lease is terminated or the court orders his / her eviction?

Ans. If, after a landlord and the court have terminated the tenancy, in many states a tenant can still be held liable for payment of rent, if it has been provided for in the lease. However, it is unusual for a landlord to sue a tenant a second time, if the first lawsuit was non-payment of rent.

However, landlords can avoid litigation issues by screening prospective tenants and employees, or by conducting background checks on them. Visit www.e-renter.com for tenant screening and background check services.