An eviction typically occurs after a tenant has violated the terms of the
rental agreement, such as when the tenant fails to pay rent to the landlord. An
eviction refers to the process a landlord is required to follow to force a
renter to move from the property.
An eviction is a legal process and cannot be done legally until the landlord
has gone to court and proved that the tenant no longer has the legal right to
occupy the property.
This means giving the tenant adequate written notice, in a specified way and
form.
If the tenant does not move, or cure the breach, such as by paying the rent or
finding a new home for the dog, the landlord can file a lawsuit seeking a court
order requiring the tenant to move.
State laws set out very detailed requirements for landlords who want to end a
tenancy.
Each state has its own requirements for termination notices and eviction papers
that must be written and delivered, or "served" to the tenant.
Different types of notices may be required for different situations.
There are three types of termination notices:
1. Pay rent or quit notices are typically used when the tenant has not
paid the rent. They give the tenant a few days (typically three days) to pay or
move out.
2. Cure or quit notices are typically given after a violation of a term
or condition of the lease or rental agreement, such as a no pets clause.
Usually the tenant has a set amount of time in which to correct, or cure the
violation. A tenant who fails to correct or cure must move or face an eviction
lawsuit.
3. Unconditional quit notices notify the tenant that he or she must
vacate the premises with no chance to pay the rent or correct the lease or
rental agreement.
Landlords must follow state rules and procedures when seeking to evict a
renter. Otherwise, there will be delays in the eviction process while the
landlord re-serves his notices or re-files the court papers.
It is illegal for a landlord to just move a tenant and his or her possessions
out of the home without proper legal authority.
If the landlord obtains a court judgment, the landlord must give the judgment
to a local law enforcement officer.
The sheriff or the marshal then gives the tenant a notice telling the tenant
that he or she must move within 5 days. If the tenant has not moved before the
sheriff or marshal returns, law enforcement may physically remove the tenant
form the property.
