Eviction Text Size:

Eviction (sometimes called "forcible entry and detainer") is a court action that a landlord may use to remove a tenant from a rented apartment or house if the tenant isn't paying the rent or has seriously violated the lease. A tenant, if evicted, loses the right to remain on the premises.

Because eviction is a drastic measure, every state has very detailed laws on when and how a landlord can evict a tenant. There are some serious consequences for a landlord who doesn't follow the laws, such as having to pay the tenant money damages.

Whether you're a tenant who is facing eviction or a landlord contemplating evicting a tenant, you should check the landlord-tenant laws in your area, or get the advice of an experienced real estate lawyer to make sure that you know the rules.

When Can a Tenant be Evicted?

Some of the most common reasons for eviction are:

• Failure to pay rent
• "Breach" or not following an important provision of the lease, such as keeping a pet on the premises when the lease has a "no pets" provision
• Committing "waste" on the property, that is, causing serious damage to the leased premises that decreases the property's value
• Remaining on the premises after the lease has expired or after the landlord has given notice of termination of a month-to-month lease

How Eviction Works

Eviction is a legal process, a court action, which generally requires:

• Notice to the tenant
• Filing a lawsuit
• Enforcing the eviction order

Notice

In most states, tenants must be given notice before the eviction process can begin. Usually called a "notice of termination," it's simply a means of warning a tenant that the landlord wants the tenant off the premises. The typical notices include:

• Notice to Vacate usually gives a tenant 30 or 60 days to leave the premises
• Notice to Pay or Quit requires a tenant to either pay past due rent, usually within three days, or leave ("quit") the premises
• Notice to Cure or Quit requires that a tenant fix a problem or breach of the lease, usually within 20 to 30 days, or leave the premises

Lawsuit

A landlord may file a lawsuit to have a tenant evicted if the tenant doesn't do what is required by the notice, such as paying the rent, leaving the premises or getting rid of a pet.

An eviction lawsuit begins when a landlord files a compliant with a court asking for a tenant's eviction. The tenant is then given (or "served with") the complaint and a summons, which is a demand that he or she appear in court for a hearing.

Usually, the hearing is conducted within a very short time, sometimes as soon as 14 days after the summons and complaint are served. If the tenant doesn't appear at the hearing, or if he or she doesn't file a written response to the landlord's complaint (called an "answer"), the judge will automatically enter judgment for the landlord.

If the tenant does file an answer and/or appears at the hearing, the landlord will have to give evidence supporting the request for eviction, such as proof of non-payment of rent. But, the tenant can also raise any defense to the eviction, such as:

• A mistake in the accounting of the rent
• A claim that the landlord is evicting the tenant in retaliation for the tenant's actions, such as asking for repairs, filing a complaint for housing discrimination or joining a tenants' association
• The right to deduct rent or stop paying rent because the premises were not livable or habitable (this is called a "constructive eviction")

In most states, if a landlord fails to keep the premises safe and habitable, and the tenant stops paying rent or leaves the premises because of it, the tenant might be able to establish constructive eviction, which is a claim by the tenant that he or she was essentially "evicted" since he or she couldn't live on the premises. If the tenant can show constructive eviction, the landlord might have to pay the tenant damages for breaking the lease, and in most states, the tenant does not need to pay all of the rent that would have been due under the lease.

Pages: 1 | 2

Related Resources on Lawyers.com^sm

- Use the Eviction Notice Worksheet or other Real Estate Form you may need 
- Read more about Landlord and Tenant issues including Terminating or Ending a Residential Lease
- Find a Real Estate Law Lawyer in your area
- Visit our Landlord & Tenant Forums for more help