Eviction Rules Landlords And Property Managers Should Follow

Eviction Process Overview

Before slapping a tenant with an eviction lawsuit, landlords and property managers must bear in mind, they can only do so after the tenancy has been terminated. Termination involves a written notice, specific in content and form that must be given to the tenant. If, the tenant does not do as requested i.e. either move or pay the rent or stop sub-letting or find a new home for the pet, then and then only, can a landlord file for eviction.

Most states have a set of laws entailing detailed requirements to end a tenancy. Different types of termination notices are needed for different situations, and each state has its own procedures regarding how termination notices and eviction papers must be written and served.

Termination Notices
Though, terminology may differ slightly from state to state, basically three types of termination notices are used by landlords to terminate unwanted tenancies:

• Pay Rent or Quit Notices are typically served when a tenant has not paid his / her rent. A tenant is given anywhere from 3 to 5-days to pay the rent or move (quit).
• Cure or Quit Notices are typically served when a tenant violates a lease term or condition, such as, a no-sub-letting or no-pets clause or a promise to refrain from making excessive noise. Usually, a set amount of time is given to the tenant to correct, or cure the violation, failing which he / she must move or face the possibility of an eviction lawsuit.
• Unconditional Quit Notices are the severest of the three. They order the tenant to vacate the premises without giving any chance to pay rent or correct a lease or rental agreement violation. However, in most states unconditional quit notices are allowed only when the tenant:
  • Repeatedly violates a significant lease or rental agreement clause,
  • Is habitually late in paying rent,
  • Seriously damages the premises, or
  • Engages in serious illegal activity on the premises e.g. drug dealing.

  However, in some states, landlords are permitted to use Unconditional Quit Notices for misdemeanours that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. Landlords may extend a second chance if they so wish, but the law of these strict states does not require them to do so.

As well, landlords can use 30-Day or 60-Day Notices to Vacate to end month-to-month tenancies, if a tenant errs. Cities with rent control laws, however, go beyond state laws, and require landlords to give legally recognised reasons for evictions i.e. just cause.

If, following receipt of notice, a tenant still does not leave or desist from violating a lease or rental agreement term, the landlord can serve him / her with a summons and complaint for eviction.

Rationalising the Rules
While, landlords may chafe at following the rigid details of the rules, most states insist on strict compliance. Typically, an eviction case is a fast legal procedure, over and done with, in just a few weeks. All that is required of a landlord is unwavering adherence to the rules. As well, since it involves the loss of a home for the tenant, legislators have been careful to provide rules to ensure a tenant gets adequate notice and an opportunity to respond.

Tenant Defences
If, a tenant decides to fight back, it could be weeks, even months before your property is vacated. Mistakes can be pointed out in the notice or the eviction complaint or improper service of notices, in an attempt to delay or dismiss the case. Therefore, landlords must comply with strict adherence to the rules, including ensuring habitability of the rental premises, since a tenant may use that point to shift attention away from his / her wrongdoing, diminishing a landlord’s chances for winning the lawsuit.

Tenant Removal
If, a landlord wins the eviction lawsuit, a judgment for possession of the property will be delivered, as well as, for unpaid rent. But, landlords are not allowed to physically throw a tenant or his / her personal belongings out, on the sidewalk.

Normally, a landlord must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee, part of the lawsuit costs paid by the tenant to the landlord. The sheriff or marshal, then issues a notice to the tenant that the officer will be back, within a specified number of days to physically remove the tenant and personal possessions, if he / she has not gone by then.