The Eviction Process

The following is a brief overview of the eviction process, as well as, the different types of termination notices required in different situations, including a tenant’s failure to pay rent.

Eviction, the process of physically removing a tenant and his possessions from your rental accommodation, is not legal unless and until a landlord goes to court and proves a rental or lease agreement has been breached, adequate justification for ending a tenant’s tenancy.

What a landlord needs to know is that a tenant’s tenancy has to be terminated, before an eviction lawsuit can be filed, either to get possession of his / her rental property or for non-payment of rent. Usually, this involves giving adequate written notice to the tenant to vacate the premises. If, despite a notice to vacate, the tenant does not mend his / her ways, either by paying up due rent or finding a new home for the pet, a landlord is entitled to file a lawsuit for evicting a recalcitrant tenant.

State laws have set out detailed requirements for landlords wishing to end bad tenancies, with each state following its own procedures regarding termination notices and eviction papers to be written and delivered (‘served’). Different situations require different types of notices, and although terminology differs somewhat state to state, basically, there are three kinds of termination notices:

1. Pay Up or Quit notices are sent, in the event, a tenant has not paid the rent. In most states, this type of notice requires 3 to 5-days be given to a tenant, either to pay up or move out (‘quit’).
2. Typically, Cure or Quit notices are given when a term or condition of the lease or rental agreement has been violated, such as, a no pets clause, or a promise to keep the noise volume low. Usually, a set amount of time is given to a tenant, in which to correct, or ‘cure’, the violation, failing which, a tenant must move out, or face an eviction lawsuit.
3. The last, Unconditional Quit notices are the severest of all. They order the tenant to vacate his / her rental premises, without giving any chance to pay rent or correct the lease or rental agreement violation. Most states allow unconditional quit notices only when the tenant:
   • repeatedly violates a significant lease or rental agreement clause,
   • is late in rent payment on more than one occasion,
   • seriously damages the premises, or
   • engages in illegal activities, such as, drug dealing on the premises.

All three types of notices are on the books of most states, but, certain states permit landlords to use Unconditional Quit notices for minor indiscretions, such as, late rent payment or rental clause violations that merit Pay or Quit or Cure or Quit notices. In other, more tenant-friendly states, landlords, if they so wish, can give the tenant a second chance, though the law does not require it of them.

State rules and procedures have to be followed exactly, as otherwise, landlords can expect there to be delays in the eviction process, resulting in a landlord having to re-serve his / her notices or re-file court papers. It is very important to go strictly by the rules, as non-adherence can, sometimes lead to the loss of the lawsuit, despite the constant bouncing of a tenant’s rental cheques from here to kingdom come. Though, one may chafe at the detailed rules to be followed, however, there is a reason, why most states insist on strict compliance.

Firstly, an eviction case is, relatively speaking, a very fast legal procedure. There are not many other civil cases that can be over and done with, in a matter of a few weeks. Unwavering adherence to the rules is, but a small price to pay for streamlined treatment.

Secondly, a tenant’s home is at stake here, and arguably it is more important than a civil case relating to money or business. Consequently, legislators are extra careful, ensuring a tenant gets adequate notice and opportunity to respond. Many cities with rent control in place go beyond state laws, which typically allows landlords to terminate month-to-month tenancies at will, though a landlord is still required to prove a legally recognised reason, or just cause for eviction of even month-to-month tenants.

Even, a properly conducted eviction lawsuit with a valid reason, does not always assure one of quick victory. A tenant deciding to mount a defence could add weeks, even months to the process.

The way a landlord has conducted business with the tenant could also affect the outcome of the eviction lawsuit, i.e. a tenant pointing out a landlord’s behaviour, such as retaliation, manages to shift attention away from the tenant’s wrongdoing, diminishing the landlord’s chances of victory. Simply put, if a landlord wants to win, he / she must have thorough knowledge of his / her legal rights and duties before taking the matter to court. Every ‘I’ must be dotted and every ‘T’ must be crossed to avoid losing to the other party.

Finally, an eviction lawsuit win does not mean the tenant and his / her possessions can be put out on the sidewalk. As a rule, the judgment must be given to a local law enforcement officer, along with the fee paid by the tenant as part of the landlord’s legal costs. The sheriff or marshal notifies the tenant, giving notice that he / she be gone when the he / she visits within just a few days, to physically remove the tenant, if he / she is not gone, by then.

To avoid expensive litigation with unruly tenants, successful landlords must screen prospective tenants and employees, as well as, conduct a background check on them to verify they do not have a criminal past. Visit www.e-renter.com for tenant screening and background check services.