The conditions and steps involved in a landlord forcing a tenant to leave a rented property – eviction – are defined by state and local laws. As both landlord and tenants have legal rights, eviction requires methodical and documented steps.
Unpaid rent would seem like a common and simple cause for eviction, but tenants have rights even in this case. These rights may include a period of notice, and an opportunity to catch up on rent payments. Other causes – such as destructive behavior or repeated noise – also require a methodical approach. Did the landlord and tenant agree to certain conduct in the lease agreement? Are there witnesses or documentation of behavior or results?
Generally, eviction starts with written notice. Some notices such as ‘cure or quit’ notices allow tenants a short time to address issues. ‘Unconditional quit’ notice is typically reserved for repeat cause or serious infringement. The rules for eviction are detailed and can be strict. When in doubt, get experienced legal advice.
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In case you missed it, check out our last Title Junction post: How A Notary Helps Prevent Fraudulent Transactions