Eviction is the civil process by🔯 whi🧸ch a landlord can legally remove a tenant from a rental property.
What Is Eviction?
An eviction is the court-ordered removal of a tenant from the property where they reside. An eviction may occur when the tenant stops paying rent, when the terms of the rental agreement are breached, or in other situations permitted by law.
Key Takeaways
- A tenant may be legally removed from a rental property through eviction.
- A landlord may decide to evict a tenant for nonpayment of rent, damages, illegal activity, or violating the terms of the lease.
- The eviction process normally begins with a notice from the landlord that asks the tenant to remedy certain conditions.
- The landlord can begin eviction proceedings through a court if the tenant doesn't provide a remedy.
- Judges hear testimony, review evidence, and decide whether to evict or deny a landlord’s request when the matter gets to court.
How Eviction Works
Rental properties and all parties involved in lease agreements are subject to landlord/tenant laws set by states, counties, and municipalities. 澳洲幸运5开奖号码历史查询:Landlords can’t evict tenants witho꧒ut good cause. Reasons include nonpayment of rent, damages, illegal activity, or violating the terms of a lease.
Unpaid rent is the most common cause of eviction, according to research by Princeton University’s Eviction Lab.
Evictions in the United States are governed by individual states and by certain municipalities. 澳洲幸运5开奖号码历史查询:Landlords are required to inform tenants that they are being evicted with a notice tha🐷t specifies the reason for the eviction and tells them the number of days 🌼that remain before eviction proceedings begin.
Fast Fact
Some states allow property owners to evict 澳洲幸运5开奖号码历史查询:tenants-at-will even when they have done nothing wrong. This type of tenancy is open-ended. It isn't bound by a lease or contract. But these renters may be protected in some states, especially if courts deem the action to be discriminatory or 澳洲幸运5开奖号码历史查询:retaliatory.
The Eviction Legal Process
Eviction laws vary by state and municipality, but the process is fairly uniform. A landlord provides an eviction notice to their ♚tenant, giving them a number of days to pay rent, fix any damages, or o♐therwise remedy the problem.
If that time period ends without a resolution, the landlord may then file an eviction lawsuit against the renter. A complainant/landlord can seek financial restitution for unpaid rent and utility costs, damage to the property, late fees, and court costs in addition to the eviction.
Cases are generally heard in ﷽district courts, small claims courts, or housing courts. Both landlords and tenants are required to attend and may seek legal representation. Courts require evidence of wrongdoing, including photos, emails, text messages, other documents, and witness testimony that may support each party’s case.
A judge hears testimony and reviews evidence before deciding to evict or deny a landlord’s case for eviction. The judge may also decide whether to award monetary damages in the case and, if so, how much.
Fast Fact
The renter will typically receive an eviction judgment automatically if they fail to appear in court and the landlord or the landlord's legal representative is present for the proceedings.
Advantages and Disadvantages of Eviction
For Landlords
Evictions allow landlords to remove unruly tenants, as we🎉ll as those who don’t pay their rent on time or at all. Eviction proceedings can be costly, but landlords can benefit by going through the process to protect the interests of their property. A landlord can open t🎀heir property to better, more responsible tenants by evicting an undesirable tenant.
For Tenants
The effects of an eviction can be long-lasting for tenants. A rental ꧃application will likely ask if they have ever been evicted before if they apply for a new home. But having a previous eviction may not completely disqualify a person from acquiring a new lease.
Some landlords may simply want to know more about the terms of the eviction. It would be unlikely to negatively affect a landlord’s view of a potential tenant if a previous landlord decided to sell an apartment as a condominium and legally evicted the tenants to do so.
What Is a Notice to Cease?
A notice to cease is required to be served on a tenant in many states before a landlord can initiate eviction legal proceedings. It's sometimes referred to as a notice to quit. Depending on the reason for the eviction, the tenant may have a period of time to rectify whatever is causing the potential eviction.
Can a Tenant Terminate a Lease?
Landlord/tenant laws can differ by state but there are some similarities. Recognized causes for a tenant to break a lease in Texas include a provision for servicemembers that they can legally vacate early if they're restationed or deployed. Other recognized causes include domestic violence issues and a landlord's failure to make certain repairs. These are referred to as "statutory rights" and they don't require a court proceeding in Texas, but this rule can vary by state.
Does an Eviction Have an Effect on the Neighborhood?
Research shows that high eviction rates have detrimental effects on society at large. High-eviction neighborhoods become more susceptible to crime.
The Bottom Line
Though it's not ideal, eviction isn't uncommon. Tenants ma🦩y be unable to continue honoring a lease for one reason or another, from causing harm to the property to engaging in illegal activities to not paying the rent. As a landlord, eviction is one step you can take to get your property back. Renters in need of as🔯sistance should consult the National Low Income Housing Coalition’s website, which of all the programs currently available.