EVICTIONS – GENERAL
LEGAL GROUNDS FOR EVICTIONS IN MOST STATE
- Non-Payment of Rent – The landlord must inform the tenant(s) in writing the full rent is due by a specific deadline or the lease will be terminated.
- Other Tenant Violations – The landlord must inform the tenant in writing of the lease “violation”. The tenant must have ample time to correct the problem. If the tenant doesn’t have the nothing to correct the violation, the landlords may have grounds for eviction.
LEGAL GROUNDS FOR EVICTIONS IN MOST STATES
|NON-PAYMENT OF RENT – The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated.
See: EVICTION NOTICE
|If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline for payment of rent, the landlord doesn’t have to accept payment.|
|OTHER TENANT VIOLATIONS – The landlord must inform the tenant in writing of the lease “violation”. The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may begin eviction proceedings.|
|LEASE HAS EXPIRED – If the landlord doesn’t extend an expired lease and the tenant refuses to leave, the landlord may evict.
The tenant must be given written notice.
Give the tenant a 60 or 90 day renewal (or non-renewal) notice.
|NO LEASE – When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease.
If the tenant does not leave at the end of that time, the landlord can evict.
|TENANT IN EVICTION CASES SHOULD – Present documents, use originals or quality copies. Get a receipt for all cash transactions. Canceled checks and money orders are a good proof of payments.|
|IF THE COURT ORDERS YOU EVICTED – you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date.
A Landlord cannot evict you until they have a court order.
|You may file a request for an “extension of time” if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid or delay evictions your date.
YOU MUST HAVE PLAN OF ACTION IN THE EVENT YOU CANNOT DELAY.
|WITHHOLDING RENT The law in most states requires the tenant to inform the landlord in writing that they intend to withhold rent if a specific problem isn’t solved by a certain date. Tenants must give the landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his contractor has access to fix the problem. Just because you withhold rent, doesn’t mean you won’t have to eventually pay. The landlord may proceed with evictions in most cases.
HAVE THE MONEY YOU WITHHELD READY TO PAY