Eviction Laws: A Landlord’s Guide
Eviction is a formal legal action initiated by a property owner to remove a renter from a leased residence. Although eviction legislation differs considerably from state to state, the following overview outlines the typical steps involved in the eviction procedure.
Reasons for Tenant Eviction
Landlords can legally evict tenants for several reasons, such as failure to pay rent on time, breaking lease agreement terms, or staying after the lease period has ended.
- Failure to Pay Rent. When a tenant does not pay their rent by the grace period deadline noted in the lease, the landlord is required to give them a pay rent or vacate notice. This notice provides the tenant with a firm date by which they must pay the owed rent before their lease is ended. If the tenant pays the full amount due, the landlord must take the payment and stop the eviction process currently underway. Landlords do not have to accept partial payments. But if a landlord does accept a partial payment, they must end the current eviction proceedings. For significant delays in rent payment over an extended time, like multiple months, the landlord can give the tenant an unconditional notice to vacate, requiring them to leave right away.
- Breaking Lease Terms. When a tenant breaks the lease rules, such as by having an unauthorized pet or being excessively noisy, the landlord must provide a cure or vacate notice. Usually this notice allows the tenant three days to resolve the issue before the lease is terminated. If the tenant has done something illegal on the premises or significantly damaged the property, the landlord can give an unconditional notice to vacate that requires the tenant to leave immediately.
- Lease Expiration. When a lease has reached its end date and the landlord has not renewed it, the tenant must move out. If the tenant was given notice in writing but will not leave, the landlord can evict them.
Eviction Without Reason
Under certain circumstances, a property owner has the right to evict a renter without providing any specific justification. For rental agreements that operate on a periodic basis, such as week-to-week or month-to-month, the property owner can terminate the agreement for any reason, provided they give the renter proper advance notice. The notice period is generally equal to one full period of the rental term. As an example, for a month-to-month rental, the renter must be notified at least one month before they are obligated to vacate the premises.
Legal Action for Tenant Eviction
When a tenant fails to comply with a valid eviction notice and continues occupying the rental property, the landlord has the right to initiate legal proceedings known as an unlawful detainer lawsuit. Upon being served with an unlawful detainer complaint, the tenant may choose from the following options:
- Vacate the premises: If the tenant decides not to contest the eviction, they may voluntarily leave the rental property. Once the tenant has moved out, the judge must dismiss the unlawful detainer case. However, the landlord may still pursue additional claims against the tenant for any outstanding rent or damages.
- Fail to respond: Should the tenant choose to ignore the unlawful detainer notice, the local sheriff’s department may intervene to forcibly remove the tenant from the property.
- Pursue an out-of-court settlement: To avoid the expenses and time associated with court proceedings, the tenant may attempt to settle the unlawful detainer case outside of court. This can be done through direct negotiations with the landlord or by engaging the services of a mediator to facilitate a resolution.
- Proceed to trial: After being served with an unlawful detainer notice, the tenant typically has five days to submit a response. Once the tenant files their response, the unlawful detainer case usually proceeds to trial shortly thereafter.
Defending Against Eviction
If a tenant is taken to court by their landlord for an eviction, they may be able to fight it using one or more of the following arguments:
- The landlord did not deliver the eviction notice properly.
- The eviction notice was vague or confusing.
- The eviction notice did not give the tenant enough time to remedy the issue or move out.
- The tenant had a valid reason for withholding rent, such as the rental unit being unlivable due to the landlord’s failure to make repairs.
- The tenant followed the lease terms according to their reasonable interpretation.
Delaying an Eviction Order
In cases where a tenant has been ordered by the court to vacate a rental property, they may file for a stay of enforcement. This allows the tenant to temporarily remain in the unit. However, the court will only grant a stay of enforcement under circumstances of severe hardship faced by the tenant. As a condition of receiving a stay, the tenant must pay any owed rent in full and in advance.
Eviction Laws by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- District of Columbia
Disclaimer: This is not legal advice. You should seek qualified legal counsel for your own situation.