Eviction laws require that the landlord have a correct, valid reason to evict a tenant, like breaking terms of the lease, late or non-payment of rent, etc. If the tenant breaks a lease clause or the law, the landlord might pursue a writ for eviction. Landlords must follow an exact legal process before they can force a tenant’s physical move off the premises.

What is enclosed in the eviction process?

State laws set out precise necessities to end a tenant’s occupancy. Differing types of termination notices are needed for various situations, and every state has its procedures. However, termination notices and eviction papers should be written and delivered.

A landlord cannot begin an eviction case without first legally terminating the occupancy. This entails giving the tenant written Notice to Quit, as specified in the state’s eviction statute. If the tenant does not move or reform, for example by paying the rent or finding a replacement home for the dog, the landlord could file a case to evict.

Step 1: The Eviction Letter

Although technicalities vary somewhat from state to state, there are three basic eviction notice types for tenant misbehaviour:

Pay Rent or Quit

Pay Rent or Quit Notices may be served once the tenant has not paid the rent. They offer the tenant a couple of days (3 to 5 in most states) to pay the rent or move out.

Cure or Quit Notices are usually given when a tenant violates a term or condition of the lease or rental agreement, like a no-pets clause or the necessity to refrain from creating excessive noise. Usually, the tenant has a set time to correct, or “cure,” the violation. A tenant who fails to do this should move or face the chance of an eviction case.

Unconditional Quit Notices order the tenant to vacate the premises with no possibility of paying the rent or fixing the lease agreement. In many states, unconditional quit notices are allowed only if the tenant has:

• Repeatedly violated a lease or rental agreement clause
• Been late with the rent on over one occasion
• Severely damaged the premises, or
• Engaged in severe criminal activity, like drug dealing on the premises.

However, in some states, landlords could use Unconditional Quit Notices for trespass that might need Pay or Quit Notices or Cure or Quit Notices with strict protections for tenants. In these strict states, landlords could extend second chances if they want. However, no law requires them to try to do so.

Step Two: Taking the Tenant to Court

Even when receiving notice, some tenants will not leave or fix the lease or rental agreement violation. If the landlord still needs the tenant to depart, they have to begin an Unlawful Detainer case by adequately serving the tenant with a court summons and complaint about Eviction.

If the landlord wins the case, they receive a written writ for the Eviction, and frequently inside 30 to 60 days, the judgment is entered into the public record. This record is then viewable by future landlords, most commonly as a part of the official credit report they run on prospective tenants. It can even diminish your credit score by various hundred points.

How to Prevent an Eviction

For most tenants, the threat of Eviction is an everyday possibility. And for others, it is the last thought on their minds. How is this possible? If the second party is aware of a way to avoid possible Eviction, he is probably protected.

Here are some tips to make sure your landlord will not evict you:

• Pay your rent on time. And check that you pay the total amount.
• Read your lease agreement. This agreement stipulates all the principles established by the landlord for living in the lodging.

Make amends for any damage you or a guest of yours cause to the rental premises. Contact your landlord right away and discuss how you will be able to get the repairs corrected. The landlord could hire out to do the work and charge you the fee. Or the landlord could also be happy with having you handle and pay for the repairs yourself.