State laws set out detailed requirements to end a tenancy. The type of termination notice a landlord must serve depends on the situation, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered ("served").
Although terminology varies somewhat, when landlords have a reason (cause) for wanting a tenant out, they can use one of three types of termination notices:
In some states, landlords are not required to give tenants the opportunity to pay overdue rent or fix a lease violation. In these states, landlords may use unconditional quit notices right away—they can extend second chances if they wish, but no law requires them to do so. See Nolo's chart of state laws on unconditional quit terminations for more details.
When tenants have received notice but do not move or fix the lease or rental agreement violation by the deadline in the notice, the landlord can file an eviction lawsuit.
Typically, landlords who do not have cause cannot terminate the tenancy of a tenant with a fixed-term lease.
When the tenancy is subject to a month-to-month or other shorter term rental agreement, landlords can terminate without cause. They simply must provide the tenant with the amount of notice required by state law. (Note that many rent control laws do not allow landlords to terminate even month-to-month or shorter term rental agreements without cause.)
If the tenant decides to mount a defense against an eviction suit, it might add weeks—even months—to the eviction process. A tenant can point to mistakes in the notice or the eviction complaint, or improper service (delivery) of either, in an attempt to delay or dismiss the case.
Courts often take into account a landlord's past action (or lack of action) when deciding an eviction suit. When a landlord has failed to keep the rental in a safe and habitable condition, or when the landlord has filed the eviction suit in retaliation for a tenant's legal acts, courts are less likely to find in favor of eviction.
Landlords who win an eviction suit receive a judgment for possession of the property, and possibly an order that the tenant pay any unpaid rent. However, even a landlord receives a judgment for possession, it is illegal for the landlord to try to remove the tenant by locking the tenant out or turning off utilities. Rather, landlords must follow the state and local procedures for the physical removal of tenants. These often require landlords to retain the sheriff or other local law enforcement to carry out the actual eviction.
Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee that is charged to the tenant as part of your costs to bring suit. The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if the tenant isn't gone by then.
For details, see Nolo's chart of state laws on handling tenants' abandoned property.
Landlords often chafe at the detailed rules that they must follow. There is a reason, however, why most states insist on strict compliance. First of all, eviction lawsuits are, relatively speaking, fast legal procedures. (How many other civil cases are over and done with after a few weeks?) The price to pay for this streamlined treatment is unwavering adherence to the rules.
Second, what's at stake here—a tenant's home—is arguably more important than a civil case concerning money or business. Consequently, legislators have been extra careful to see that tenants get adequate notice and an opportunity to respond.
Unless you thoroughly know your legal rights and duties before evicting a tenant, and unless you dot every "i" and cross every "t," you might end up on the losing side.
If you need help understanding the eviction processes and rules in other states or need state-specific guidance on legally evicting a tenant, see our state-by-state guides on evicting tenants.
For an overview of terminations and evictions in other states, including relevant state laws on termination for nonpayment of rent and for lease violations, see Nolo's Every Landlord’s Legal Guide.
]]>New York laws require the landlord to end a tenancy in very specific ways. Different types of notices and procedures are needed for different situations. This article will provide a general overview of the rules landlords and tenants must follow when evicting a tenant or ending a tenancy in New York.
It is important to note that eviction laws and rules might be different depending on whether the rental property is located within New York City or outside the city, and whether the property is rent regulated or not. For further information or questions, contact a lawyer or a landlord trade group such as the Rent Stabilization Association of New York City.
If a landlord wants to terminate a tenancy early, or have a tenant move out before the rental term has expired, the landlord will need to have cause. The tenant can be evicted early for a couple of different reasons, including not paying rent or violating the lease or rental agreement. To start the eviction process, the landlord must give the tenant written notice. The type of notice needed will be determined by the reason for the eviction.
A landlord can't end a tenancy early without cause. A landlord who doesn't have cause to terminate the tenancy must wait until the end of the lease or rental period before asking or expecting the tenant to move. The landlord may still need to give the tenant notice that the lease isn't being renewed, though.
When a tenant has a month-to-month rental agreement and the landlord wants the tenant to move but does not have cause, the amount of required notice depends on how long the tenant has been living in the rental.
(N.Y. Real Prop. § 226-c (2023).)
When a tenant has a fixed-term tenancy, such as six months or one year, and the landlord doesn't have cause to terminate the tenancy early, the landlord must wait until the end of the term before expecting the tenant to move. Once the term ends, the landlord doesn't need to give the tenant notice to move, unless the terms of the lease require the landlord to do so; the landlord can expect the tenant to move out of the rental unit at the end of the term (unless the tenant has indicated otherwise, such as by asking for a lease renewal).
Even though a landlord thinks there is cause to evict a tenant, the tenant may decide to fight the eviction. This would increase the amount of time the eviction lawsuit takes. The tenant may have several valid defenses, including:
It is illegal for a landlord to try to force a tenant to move out of a rental unit. The tenant can only be removed after the landlord has successfully won an eviction lawsuit. Even then, the only person who can legally remove the tenant from the rental unit is a sheriff. Illegally removing a tenant can have serious consequences for the landlord.
After the tenant has moved out, the landlord might find that the tenant left behind personal property. Unlike most states, New York doesn't have laws that tell a landlord how to deal with this property. However, the landlord shouldn't dispose of the property immediately. Instead, the landlord should notify the tenant of the abandoned property and give the tenant reasonable time to claim it. If the tenant doesn't claim it within a reasonable time, then the landlord can either sell or dispose of the property.
Landlords must carefully follow all the rules and procedures required by New York law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, the rules are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Different types of notices and procedures will be needed for different situations. This article explains the rules and procedures landlords must follow when evicting a tenant or ending a tenancy in Illinois.
A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. There could be several potential reasons for a landlord to end a tenancy early. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. Different notices are needed for these different situations.
If a landlord does not have cause to terminate a tenancy, then the landlord must wait until the end of the lease term before expecting the tenant to move. In some cases, the landlord may still need to give the tenant notice.
If a landlord would like to terminate a month-to-month rental agreement or lease, the landlord will need to give the tenant a 30-day notice. This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time (see 740 Ill. Comp. Stat. § 5/9-207). Illinois Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If a tenant has a lease or rental agreement that is for a fixed term, such as six months or one year, and the landlord wants the tenant to move but does not have cause, then the landlord will need to wait until the end of the tenancy before doing anything. The lease or rental agreement may require the landlord to give the tenant written notice to move at the end of the term. However, if the lease or rental agreement does not require this, then the landlord does not need to give the tenant any notice to move. The landlord can expect the tenant to move at the end of the term, unless the tenant has indicated a desire to stay.
A tenant always has the option to fight the eviction, even if the landlord thinks the eviction lawsuit is justified. If a tenant does wish to defend against the eviction, then the landlord should expect the lawsuit to take longer than normal. The tenant may have a valid defense, such as the landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit) or the landlord failing to maintain the rental unit according to law. For more information on tenant defenses, see Tenant Defenses to Eviction Notices in Illinois.
It is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. Illegal Eviction Procedures in Illinois has more information on this topic.
After the tenant moves out of the rental unit, the landlord might find personal property that the tenant left behind. If the rental unit is in Chicago city limits, the landlord must store the personal property for seven days. If the tenant does not claim the property within seven days, then the landlord can dispose of the property (see City of Chicago Residential Landlord and Tenant Ordinance § 5-12-130). For abandoned property in a location other than the city of Chicago, the landlord should take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property before the landlord disposes of it. Handling a Tenant’s Abandoned Property in Illinois has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Illinois law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost his or her home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate, unless the lease or rental agreement provides for a shorter or longer notice period. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2021).)
The rules for terminating a tenancy without cause vary depending on whether the tenancy is month-to-month (pursuant to a rental agreement) or for a fixed term (pursuant to a lease).
When a Texas landlord wishes to end the tenancy of a tenant who has a month-to-month rental agreement, the amount of notice required depends on how often the tenant pays rent:
This notice must state the date by which the tenancy will end and that the tenant must move out of the rental unit by that time. (Tex. Prop. Code § 91.001 (2021).) For more information on ending a month-to-month tenancy in Texas, see Texas Notice Requirements to Terminate a Month-to-Month Tenancy.
A landlord cannot end a fixed-term tenancy early without cause—a lease guarantees tenants the right to stay at the property (so long as they don’t violate its terms) for the duration of the time stated. When landlords wish to have tenants with a lease move out without having cause (such as a failure to pay rent), they must wait until the term ends. However, the landlord is not required to give the tenant notice that the lease isn’t being renewed, unless the lease specifically requires it. For example, if the tenant has a year-long lease that expires in December and the tenant has not requested a renewal, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December (unless such notice is required in the lease). When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.
When tenants don’t move out at the end of a lease, they become holdover tenants—tenants who do not have the protection of a lease. To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court. (Tex. Prop. Code Ann. § 24.005 (2021).)
When tenants decide to fight an eviction, the duration of time between the service of the notice to vacate and the actual eviction can increase significantly. Depending on the circumstances, tenants might have several reasons why they shouldn’t be evicted (defenses). One of the most common—and most successful—defenses is that the landlord did not follow all the rules when terminating the tenancy. For example, when a landlord improperly serves the notice to vacate or doesn’t wait long enough before filing the eviction lawsuit, a tenant who asserts these defenses will likely win the eviction suit, and the landlord will be back at square one in any attempt to remove the tenant. Other potential defenses to eviction in Texas include a landlord’s failure to maintain habitable premises and a landlord’s unlawful discrimination.
The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant. The only person who can do that is an officer of the law, authorized by the judge who allowed the eviction to occur. Texas law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in Texas for more information on the topic.
Landlords must carefully follow all the rules and procedures required by Texas law when evicting a tenant; otherwise, the court can refuse to issue an order of eviction. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that evicted tenants lose their homes. The rules help ensure that evictions are justified and that evicted tenants have enough time to find a new place to live.
]]>For a landlord to evict a tenant in Colorado before the tenant’s rental term has expired, the landlord must have legal cause—no matter whether it’s a fixed-term lease or a periodic rental agreement (one that renews automatically after the end of each term). Under Colorado law, a landlord can end a tenancy for cause when the tenant:
To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease by providing the tenant with a notice that provides a reason for the termination.
When a landlord wants to terminate a tenancy because the tenant hasn’t paid rent, the landlord must serve the tenant with a 10-day notice to pay rent or quit (move out). (The notice might be called a Demand for Compliance or Right to Possession Notice.) If the tenant doesn’t pay in full the rent owed before the end of the 10 days, the landlord can file an eviction lawsuit (also called an “unlawful detainer” suit).
Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to pay rent or quit.
(Colo. Rev. Stat. § 13-40-104(1)(d) (2022).)
The tenant can avoid eviction by paying the rent owed in full at any time before the court enters a judgment for possession.
When a landlord wants to terminate a tenancy because the tenant violated a portion of the lease or rental agreement, such as a no-pets policy, the landlord must serve the tenant with a 10-day notice to cure (fix the problem) or quit (a Demand for Compliance or Right to Possession notice). If the tenant doesn’t fix the problem before the end of the 10 days, the landlord can file an eviction lawsuit.
Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to cure or quit.
(Colo. Rev. Stat. § 13-40-104(e) (2022).)
If a landlord has already served a notice to cure or quit for a lease violation, and the tenant repeats the same violation at a later time, the landlord can send the tenant a notice to quit without an opportunity to fix the matter (sometimes called an unconditional notice to quit). A good example of such a situation is when a tenant has received a notice to cure or quit for violating a no-pets policy by having a dog at the rental. If the tenant removed the dog after receiving the notice, but then brings in a cat, the landlord doesn’t have to give the tenant another chance to follow the no-pets policy.
To terminate the tenancy, the landlord simply needs to serve a 10-day written notice to quit. (A five-day notice to quit can be served if it’s an exempt residential agreement.) (Colo. Rev. Stat. § 13-40-104(e.5) (2022).)
Special rules apply for terminations and evictions caused by “substantial violations” of a lease or rental agreement. Colorado law defines a substantial violation as an act or series of acts by the tenant (or their guest) that occurs:
Landlords can serve tenants who substantially violate the lease or rental agreement with a three-day notice to quit. If the tenant does not move out of the rental unit by the end of three days, then the landlord can file an eviction lawsuit against the tenant. (Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5 (2022).)
When a Colorado landlord doesn’t have a legally recognized reason (cause) to evict a tenant, the landlord’s options for ending the tenancy depend on the type of tenancy.
Unless a Colorado landlord has cause, they can’t end the tenancy until the lease expires. The landlord doesn’t have to give the tenant a notice to quit or other notice that the lease is about to end, unless the lease specifically requires notice. Otherwise, without a renewal of the lease, the landlord can simply wait for the lease term to end, and the tenant must move out.
If the tenant fails to move out when the lease expires, the landlord can immediately file an eviction lawsuit, without giving the tenant any notice to leave. (Colo. Rev. Stat. § 13-40-104(1)(c) (2022).)
A periodic tenancy is one that is typically for a short amount of time, but renews automatically under the terms of a rental agreement. The most popular form of periodic tenancy is month-to-month.
In Colorado, landlords who want to end a periodic tenancy without cause must give a certain amount of written notice to terminate.
The amount of notice required depends on the length of the rental agreement’s term. For example, if the landlord wants to end a month-to-month tenancy without cause, the landlord must give the tenant a 21-day notice to quit. (Colo. Rev. Stat. § 13-40-107(1)(c) (2022).) The notice must describe the property and the particular time when the tenancy will terminate, and be signed by the landlord or landlord’s agent. If the tenant doesn’t move out by the deadline in the notice, the landlord may evict the tenant.
After the time in the notice to quit has passed (and, if the tenant hasn’t cured when given the opportunity to do so), the landlord can file an unlawful detainer (eviction) lawsuit. The court will set a date for a hearing on the matter, and the landlord must serve notice of the lawsuit on the tenant.
If a tenant doesn’t appear at the hearing, the court will most likely enter a default (automatic) judgment for the landlord. The court will enter the judgment into the official court records.
Colorado courts issue a writ of restitution 48 hours after the judgment is entered. The landlord can then take the writ of restitution to a law enforcement officer (usually the sheriff), and the sheriff will then be responsible for the physical removal of the tenant. Only a law enforcement officer can carry out the physical eviction—under Colorado law, it is never legal for a landlord to attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying.
Even though a landlord might have a valid legal reason to evict a tenant, the tenant can still choose to fight the eviction. The tenant could have a valid legal defense, such as, the landlord failing to maintain the rental unit or the landlord retaliating against the tenant. This decision to fight the eviction could increase the cost of the lawsuit or increase the amount of time the tenant has to remain in the rental unit. Tenant Defenses to Evictions in Colorado has more information.
After an eviction, the landlord might find that the tenant has left behind personal belongings. Unlike most states, the landlord is not required to contact the tenant before disposing of the property. (Colo. Rev. Stat. § 13-40-122 (2022).) The property is considered abandoned, and the landlord can immediately dispose of it. If the landlord chooses to store the property until the tenant claims it, the landlord can charge the tenant the costs of the storage. However, the landlord is not liable to the tenant for any damage that may come to the property while the landlord is storing it.
You can find forms and detailed information about the eviction process in Colorado on the Colorado Judicial Branch’s website. Nolo’s Legal Resources for Tenants provides advice on how renters can find legal help and other assistance, and the Landlords & Tenants section provides more information about landlord-tenant laws and the landlord-tenant relationship.
]]>Generally, the landlord’s first step in the eviction process is to terminate the lease or rental agreement. This can only be done when the landlord has legal cause to evict the tenant. Alabama state law has defined legal cause as failure to pay rent, violation of the lease or rental agreement (including lying in the application process), and engagement in certain illegal activity. To terminate the lease, the landlord must first give the tenant notice. In Alabama, the landlord is required to give a seven-day notice in all of these situations. However, the tenant’s options will vary depending on the reason they are receiving the notice.
(Ala. Code § 35-9A-421.)
When a landlord does not have legal cause to evict a tenant, the landlord must wait until the lease or rental agreement has expired before expecting the tenant to move. The landlord might still need to give the tenant written notice to move in some cases.
When the landlord wishes to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a 30-day written notice to vacate. This notice must inform the tenant that the tenancy will expire in 30 days and the tenant must move out of the rental unit by then. (Ala. Code § 35-9A-441.)
When the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, the landlord must wait until the lease has expired before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move before the end of the lease. When the lease has expired, the landlord can expect the tenant to move.
Even when a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to the eviction, such as the landlord evicting the tenant in retaliation or the landlord discriminating against the tenant. If the tenant decides to fight the eviction, this could increase the costs of the lawsuit and give the tenant more time to remain in the rental unit.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord must not actually evict the tenant. That can only be done by a law enforcement officer with a court order. It is illegal for the landlord to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
If the tenant leaves personal property behind in the rental unit after the tenant has been evicted, the landlord must store the personal property for up to 14 days. If the tenant does not claim the property during this time, then the landlord can dispose of the personal property, with no further liability to the tenant. (Ala. Code § 35-9A-423(d).)
Landlords must carefully follow all the rules and procedures required by Alabama law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant before the tenant’s lease has expired, the landlord must have legal cause. In Arkansas, legal cause includes failing to pay rent, violating the lease or rental agreement, failing to maintain a safe rental, or committing certain illegal acts.
Before a landlord can file an eviction lawsuit (called an "unlawful detainer" suit in Arkansas), the landlord must terminate the tenancy—this means that the landlord must give the tenant written notice that the tenancy is ending. Different types of notice are required depending on the reason for the eviction.
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord will have to wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a written 30-day notice to vacate. This notice will inform the tenant that the tenancy will terminate in 30 days and the tenant must move out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can file an unlawful detainer lawsuit. (Ark. Code Ann. § 18-17-704 (2021).)
Even though a landlord has a valid legal reason to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense, such as the landlord failing to maintain the premises of the rental unit or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the costs of the eviction lawsuit and allow the tenant more time to remain living in the rental unit. Tenant Defenses to Evictions in Arkansas has more information on this subject.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. Even after the landlord wins the eviction lawsuit, the tenant can only be removed by a law enforcement officer with a court order. If the landlord tries to illegally force the tenant to move out of the rental unit, the tenant can sue the landlord for damages.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. In Arkansas, this property is considered abandoned, and the landlord can immediately dispose of it. The landlord is not required to contact the tenant or hold onto the property for any length of time before disposing of it. (Ark. Code Ann. § 18-16-108 (2021).)
]]>To evict a tenant in Kentucky, the landlord must first have legal cause (a good reason recognized by law). The most common reasons for eviction are the tenant’s failure to pay rent or the tenant’s violation of the lease or rental agreement. Once there is legal cause, the landlord can terminate the lease or rental agreement by giving the tenant notice. The type of notice required will depend on the reason for the eviction.
When a landlord does not have legal cause to terminate a tenancy, the landlord must wait until the tenancy expires before expecting the tenant to move. In some cases, such as with a month-to-month tenancy, the landlord will still need to give the tenant written notice.
When a Kentucky landlord wishes to end a month-to-month tenancy but does not have legal cause to evict the tenant, the landlord must give the tenant a 30-day notice. This notice must inform the tenant that the landlord wishes to end the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 30 days. When the tenant does not move out of the rental unit by that time, the landlord can consider the tenant a holdover tenant (a tenant who remains in the rental unit after the tenancy has expired) and file an eviction lawsuit against the tenant. (Ky. Rev. Stat. Ann. § 383.695.)
When a landlord wishes to end a fixed-term lease but does not have legal cause to evict the tenant, the landlord must simply wait until the end of the tenancy before expecting the tenant to move. The landlord is not required to give the tenant written notice to move unless the terms of the lease or rental agreement specifically require the landlord to do so.
Even though a landlord might have legal cause to evict a tenant, the tenant might also have a valid legal defense against the eviction. Legal defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. If a tenant chooses to fight the eviction with one of these defenses, it could increase the cost of the eviction lawsuit and allow the tenant more time to remain living in the rental unit. Tenant Defenses to Evictions in Kentucky has more information.
The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit in court against the tenant. Even then, the landlord does not have the authority to physically remove the tenant from the rental unit. That can only be done by a law enforcement officer with a court order. The state of Kentucky has made it illegal for the landlord to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
After the tenant is evicted and has moved out of the rental unit, the landlord might find that the tenant has left behind personal property. Unlike most states, Kentucky does not have any laws regulating what the landlord should do with tenants' abandoned property. That does not mean that the landlord should immediately dispose of it, though. The best practice for the landlord would be to send the tenant a written notice detailing the items left behind and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of the property in any legal manner (such as, disposing of it or selling it).
Landlords must carefully follow all the rules and procedures required by Kentucky law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord who wants to evict a tenant must have a good reason (legal cause) to do so. West Virginia defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy. Unlike most states, the landlord in West Virginia does not need to give the tenant written notice before filing an eviction lawsuit against the tenant. As soon as the tenant fails to pay rent, violates the lease or rental agreement, or damages the rental unit, the landlord can immediately terminate the tenancy and go straight to court. (W. Va. Code § 55-3A-1 (2021).)
How to terminate a tenancy without cause in West Virginia depends on whether the rental is governed by a month-to-month rental agreement or a lease.
A landlord who wants to end a month-to-month tenancy but does not have legal cause for eviction, can give the tenant a written 30-day notice to move. This notice must inform the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move out of the rental unit, then the landlord can proceed with an eviction. (W. Va. Code § 37-6-5 (2021).)
A landlord who wants to end a fixed-term lease, but does not have legal cause for eviction, must wait until the lease has ended before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require it. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should not accept any further rent from the tenant and can proceed with an eviction.
Even when a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a legal defense, such as the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could increase the costs of the eviction lawsuit or allow the tenant more time to remain living in the rental unit.
The landlord must never force the tenant to move out of the rental unit. The only way the landlord can remove the tenant is by winning an eviction lawsuit against the tenant. Even after the landlord wins the eviction lawsuit, the only person authorized to remove the tenant is a law enforcement officer with a valid court order. West Virginia has made it illegal for the landlord to ever try to force the tenant to move, and the tenant can sue the landlord for attempting an illegal eviction.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. If the tenant has informed the landlord in writing that the belongings are abandoned, then the landlord can dispose of the items immediately without any liability to the tenant. Otherwise, the landlord must wait for 30 days before disposing of the property. The landlord can either leave the property in the rental unit or remove it to a storage unit. If the tenant does not claim the property within 30 days (and pay for the costs of storage, if applicable), then the landlord can dispose of the property without any liability to the tenant. (W. Va. Code § 55-3A-3(h) (2021).)
Landlords must carefully follow all the rules and procedures required by West Virginia law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in New Mexico.
A landlord who wants to evict a tenant before the tenancy has expired must have legal cause (a good reason). New Mexico law defines legal cause as the tenant’s failure to pay rent or the tenant’s violation of the lease or rental agreement. To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement. The landlord does this by giving the tenant written notice. Different notices are needed depending on the reason for the eviction.
A landlord who wants to evict a tenant but does not have legal cause to do so must wait until the tenant’s tenancy has expired before expecting the tenant to move. In some cases, the landlord might still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, must give the tenant a written 30-day notice. This notice will inform the tenant of the landlord’s desire to end the month-to-month tenancy and that that tenant must move out of the rental unit by the end of the 30 days. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit against the tenant. (N.M. Stat. Ann. § 47-8-37 (2021).)
A landlord who wishes to end a fixed-term lease (such as a lease for one year) but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should not accept further rent from the tenant and can file an eviction lawsuit against the tenant.
Even though a landlord might have good legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a good legal defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit premises. By fighting the eviction, the costs of the lawsuit could increase and the tenant could remain living in the rental unit for a longer period of time. Tenant Defenses to Evictions in New Mexico has more information.
A landlord must never try to force a tenant to move out of a rental unit. The only way the tenant can be removed from the rental unit is if the landlord wins an eviction lawsuit against the tenant. Even then, the only person authorized to remove the tenant is a law enforcement officer with a valid court order. New Mexico law has made it illegal for the landlord to try to remove the tenant in any other way, and the tenant can sue the landlord for an illegal eviction.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. The landlord must hold on to the property for at least three days after the eviction has occurred, allowing the tenant time to claim the property. If the tenant does not claim the property by the end of three days, then the landlord can dispose of the property, through sale or otherwise. (N.M. Stat. Ann. § 47-8-34.1(C) (2021).)
Landlords must carefully follow all the rules and procedures required by New Mexico law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
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The first step in an eviction is for the landlord to terminate the tenancy. This can only be done if the landlord has legal cause to evict the tenant. Mississippi law defines legal cause as either the tenant failing to pay rent or violating the lease or rental agreement. To terminate the tenancy for one of these reasons, the landlord must give the tenant written notice.
If a landlord wants to terminate a tenancy but does not have legal cause, then the landlord will have to wait until the term of the tenancy has expired. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a written 30-day notice to move. This notice will inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant needs to move out of the rental unit within 30 days. If the tenant does not move out, then the landlord can proceed with an eviction lawsuit against the tenant. (Miss. Code Ann. § 89-8-19 (2021).)
A landlord who wants to end a fixed-term lease (such as a lease for one year) but does not have legal cause, must wait until the end of the term before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move.
The tenant might decide to fight the eviction, even if the landlord has a valid legal cause to evict the tenant. The tenant could also have a valid legal defense, such as the landlord failing to maintain the rental unit or the landlord not following all of the legally required eviction procedures. The tenant’s decision to fight the eviction could increase the costs of the lawsuit and allow the tenant more time to remain living in the rental unit.
A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. At that time, a law enforcement officer with a court order will remove the tenant from the rental unit. The landlord is never allowed to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
After the tenant is evicted, the landlord might find that the tenant has left behind personal belongings. When a landlord includes the following language in an eviction summons, then, once an eviction order is issued, the landlord can dispose of any abandoned property at the landlord's discretion:
At the hearing, a judge will determine if the landlord is granted exclusive possession of the premises. If the judge grants possession of the premises to the landlord and you do not remove your personal property, including any manufactured home, from the premises before the date and time ordered by the judge, then the landlord may dispose of your personal property without any further legal action.
(Miss. Code Ann. § 89-7-31 (2021).)
Landlords must carefully follow all the rules and procedures required by Mississippi law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant, the landlord must have legal cause. Idaho statutes define legal cause as, among other things, failing to pay rent, violating the lease or rental agreement, or seriously damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy. The landlord does this by giving the tenant written notice. The type of notice required will depend on the reason for the eviction.
If a landlord wants a tenant to move out of the rental unit but does not have legal cause to evict the tenant, then the landlord has to just wait until the term of the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a 30-day notice. This notice must inform the tenant that the month-to-month tenancy will end at the end of 30 days and that the tenant must be moved out of the rental unit by that time. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit against the tenant. (Idaho Code § 55-208 (2021).)
If the landlord wants a tenant with a fixed-term lease to move but does not have legal cause to evict the tenant, then the landlord will just have to wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out by the end of the lease term, then the landlord should stop accepting rent from the tenant and file an eviction lawsuit against the tenant.
Although a landlord has legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid legal defense to the eviction, such as the landlord not maintaining the rental unit or discriminating against the tenant. If the tenant fights the eviction, this could increase the costs of the eviction lawsuit and allow the tenant more time to remain living in the rental unit.
The only way for a landlord to remove a tenant from a rental unit is by going to court and winning an eviction lawsuit against the tenant. Even after winning the eviction lawsuit, the landlord cannot personally evict the tenant. The eviction must be performed by a law enforcement officer with a court order. If the landlord ever tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for an illegal eviction.
If the landlord wins the eviction lawsuit, then the court will set a date by which the tenant must move out of the rental unit. If the tenant does not move out of the rental unit by that date, then a sheriff will come to the property and remove the tenant. If the tenant has moved out but has left behind personal belongings (other than trash), then only the sheriff is allowed to remove those belongings. The landlord must not remove the personal property or dispose of it. The sheriff will store the belongings in a safe place and try to contact the tenant to collect the personal property.
Landlords must carefully follow all the rules and procedures required by Idaho law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant before the tenant’s lease or rental agreement has expired, then the landlord must have legal cause (a reason). Hawaii law defines legal cause as failure to pay rent, violation of the lease or rental agreement, or serious damage to the rental unit or another person. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord can terminate the tenancy by giving the tenant notice.
If a landlord wants a tenant to move but does not have legal cause to evict the tenant, then the landlord has to wait until the tenant’s lease or rental agreement has ended before expecting the tenant to move. The landlord will still need to give the tenant written notice to move in some cases.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord must give the tenant a written 45-day notice. This notice must inform the tenant that the landlord is ending the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 45 days. If the tenant does not move out of the rental unit in time, then the landlord can bring an eviction lawsuit against the tenant. (Haw. Rev. Stat. § 521-71 (2021).)
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord must just wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent payments from the tenant and file an eviction lawsuit against the tenant.
It is important to note that in Hawaii, the landlord only has 60 days after the lease term has ended to file an eviction lawsuit against the tenant. If the landlord waits longer than 60 days, then the tenant will become a month-to-month tenant. The landlord will then have to give the tenant a 45-day notice to move before being able to proceed with the eviction (see Haw. Rev. Stat. § 521-71(e) (2021)).
Even if a landlord follows all the rules and has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to fight the eviction could increase the cost of the eviction or allow the tenant more time to remain living in the rental unit.
A landlord must never try to force a tenant to move out of a rental unit. Even after the landlord wins an eviction lawsuit against the tenant, the only person authorized to remove the tenant is a law enforcement officer with a court order. Hawaii has made it illegal for the landlord to ever try to remove the tenant or create a situation that forces the tenant to move out of the rental unit. A landlord who takes self-help measures can be penalized for illegally evicting a tenant.
The tenant might abandon personal property in the rental unit after the tenant is evicted. When the landlord believes the property has value, then the landlord must send the tenant written notice to claim the property before the landlord disposes of it. While waiting for the tenant’s response, the landlord can store the property and charge the cost of the storage to the tenant. After giving the tenant notice, the landlord can choose to sell or donate the property.
Sale of abandoned property. The landlord can sell the property after advertising the sale in a daily paper of general circulation within the circuit in which the rental is located for at least three days in a row. The landlord can use the proceeds from the sale to cover unpaid rent and the costs of storing and selling the abandoned property. When there are funds remaining after these deductions, the landlord must hold the funds in trust for the tenant for 30 days. If the tenant doesn't claim the funds during those 30 days, the landlord can keep it.
Donation of abandoned property. If the landlord prefers to donate the property, the landlord can do so 15 days after sending the notice.
The landlord can dispose of any items left after the sale or that the landlord believes to have no value at the landlord's discretion. (Haw. Rev. Stat. § 521-56 (2021).)
Landlords must carefully follow all the rules and procedures required by Hawaii law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
Hawaii's Department of Commerce and Consumer Affairs website has a helpful landlord-tenant resource page where you can find the text of Hawaii's landlord-tenant statutes as well as a comprehensive Hawaii residential landlord-tenant handbook.
]]>This article will explain how a landlord can evict a tenant in Virginia.
The first step in evicting a tenant is terminating the tenancy. If a landlord wants to evict a tenant before the term of the tenancy has ended, then the landlord must have legal cause. The most common legal causes of eviction are the tenant’s failure to pay rent or violation of the lease or rental agreement. However, the landlord can also evict the tenant for committing an illegal act, such as drug use or possession on the premises. For most of these situations, the landlord will first need to give the tenant notice—and possibly the chance to fix the problem—before terminating the tenancy and filing an eviction lawsuit.
A landlord cannot evict a tenant simply because the landlord does not like that person. If the landlord does not have a legal reason for eviction, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. Depending on the type of tenancy, the landlord may still need to provide the tenant with notice.
To end a month-to-month tenancy in Virginia, the landlord must give the tenant a 30-day notice informing the tenant that the tenancy will end at the end of the 30-day time frame. If the tenant has not moved out of the rental unit by the end of the 30 days, then the landlord can file an eviction lawsuit against the tenant. (Va. Code Ann. § 55.1-1253A (2020).)
If the tenant has a fixed-term lease or rental agreement, such as for one year, the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant notice to move unless the lease specifically requires it.
Even though a landlord might have a valid legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to follow proper eviction procedures. By fighting the eviction, the tenant could delay the eviction and remain in the rental unit for longer. Tenant Defenses to Evictions in Virginia has more information.
The only legal way for a landlord to remove a tenant is by winning an eviction lawsuit. Even then, the landlord is not authorized to remove the tenant from the rental unit; only a law enforcement officer can do that. It is illegal for a landlord in Virginia to attempt to force a tenant to move out of a rental unit, and the tenant can sue the landlord for an illegal eviction..
If the tenant leaves property on the premises, the manner in which the landlord can dispose of the property depends on the circumstances:
Landlords must carefully follow all the rules and procedures required by Virginia law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wishes to evict a tenant before the tenant’s lease or rental agreement has expired, the landlord must have legal cause. Legal cause is defined by Oregon law. The most common legal cause for eviction is the tenant's failure to pay rent. However, under Oregon law, the landlord can also evict the tenant for violating the lease or rental agreement or committing an illegal act on the premises of the rental unit (among other things). The first step in evicting the tenant for one of these reasons is to terminate the tenancy. This is done by giving the tenant notice. The type of notice will depend on the reason for the eviction.
For all tenancies other than week-to-week:
Oregon law allows landlords to terminate tenancies without cause under only limited circumstances.
Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate. (Ore. Rev. Stat. § 90.427(3)(b).)
After the first year, landlords must have cause as described by Oregon law (such as the tenant’s violation of a lease term or the landlord’s desire to demolish the building). (Ore. Rev. Stat. § 90.427(3)(c).)
A landlord may terminate the tenancy during a fixed term (such as when the tenant has a lease or other written rental agreement for one year) only with cause and proper notice. (Ore. Rev. Stat. § 90.427(4)(a).) If the tenancy expires within the first year of occupancy, the landlord may terminate without cause by giving 30 days’ written notice. (Ore. Rev. Stat. § 90.427(4)(b).) If the tenancy terminates on a date after the first year of occupancy, the fixed-term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless the landlord and tenant agree to a new fixed-term tenancy, the tenant gives 30 days’ notice, or the landlord has cause to terminate and gives proper notice. (Ore. Rev. Stat. § 90.427(4)(c).)
Even when a landlord has a valid reason to evict a tenant, the tenant might decide to challenge the eviction in court. The tenant could also have a valid legal defense, such as the landlord retaliating against the tenant or failing to maintain the premises of the rental unit. The tenant’s decision to fight the eviction could lead to increased costs of the lawsuit for both the landlord and the tenant and allow the tenant more time to remain living in the rental unit. If a court finds that a landlord unlawfully removes or excludes a tenant from a rental, the tenant might be able to recover possession or recover the greater of up to two month’s rent or twice the tenant’s actual damages. (Ore. Rev. Stat. § 90.375.)
Even after a landlord wins an eviction lawsuit against a tenant, the landlord is not authorized to remove the tenant from the rental unit. Only a law enforcement officer with a court order can do that.
Tenants sometimes leave personal property behind at the rental unit after an eviction has occurred. If this happens, Oregon law requires the landlord to store the property in a safe location and then send a written notice to the tenant. This notice must inform the tenant of the property the tenant left behind and that the tenant has 30 days to claim the property. If the tenant does not claim the property within 30 days, then the landlord can dispose of it. The landlord can also charge the tenant for the costs of storing the property. (Ore. Rev. Stat. § 90.425.)
Landlords must carefully follow all the rules and procedures required by Oregon law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in the eviction process is to terminate the lease or rental agreement. A landlord can only do this if the landlord has legal cause. Legal cause is defined by Oklahoma law as unpaid rent, lease violations, and criminal activity. To terminate the tenancy for one of these reasons, the landlord must give the tenant notice. The type of notice will depend on the reason for the eviction.
See Okla Stat. Ann. tit. 41 § 132.
If a landlord does not have cause to terminate a lease or rental agreement, then the landlord must wait until the tenancy has expired. In some cases, the landlord may still need to give the tenant notice.
If the landlord wishes to end a month-to-month tenancy but does not have legal cause, then the landlord can give the tenant a 30-day notice. This notice must inform the tenant that the month-to-month tenancy will end in 30-days and that the tenant must be moved out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can go to court and file an eviction lawsuit against the tenant (see Okla Stat. Ann. tit. 41 § 111).Oklahoma Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord wishes to end a fixed-term lease but does not have cause, then the landlord must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
Even though a landlord may have valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense to the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. If the tenant fights the eviction, this could increase the costs of the eviction lawsuit and allow the tenant more time in the rental unit. Tenant Defenses to Evictions in Oklahoma has more information on this topic.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit in court. Even if the landlord is successful with the eviction lawsuit, the landlord still is not authorized to remove the tenant. Only a law enforcement officer with a court order can actually evict the tenant. It is illegal for the landlord to ever attempt to force the tenant to move out of the rental unit. Illegal Eviction Procedures in Oklahoma has more information on this topic.
The tenant might leave personal property in the rental unit after the tenant has been evicted. If this happens, the landlord must send written notice to the tenant, allowing the tenant 30 days to claim the property. During this 30-day period, the landlord must store the property in a safe location. If the tenant does not claim the property within 30 days of receiving notice, then the landlord can either dispose of the property or sell the property (see Okla. Stat. Ann. tit. 41 § 130)
Landlords must carefully follow all the rules and procedures required by Oklahoma law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures landlords must follow when evicting a tenant in New Jersey.
To terminate a tenancy early in New Jersey, a landlord must have cause, or a legal reason. The most common reasons for a landlord to end a tenancy early are when the tenant fails to pay rent, violates the lease or rental agreement, or commits an illegal act on the premises. In most of these cases, the landlord must provide the tenant with notice. The type of notice required (or not required) will depend on the reason for the termination.
For a more complete list, see New Jersey Stat. Ann. § § 2A:18-53(c) and 2A:18-61.2(a).
If a landlord does not have a legal reason to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. However, depending on the type of tenancy, the landlord may still need to provide the tenant with a written notice to move.
If the landlord wishes to end a month-to-month tenancy, the landlord must give the tenant a written one-month notice. This notice must state that the tenancy will end at the end of the month, and the tenant must move out of the rental unit by that time. At the end of the month, if the tenant has not moved out of the rental unit, then the landlord can file an eviction lawsuit against the tenant on the grounds that the tenant is a holdover tenant (see New Jersey Stat. Ann. § 2A:18-56(b)). New Jersey Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the tenant has a fixed-term lease or rental agreement, such as for one year or six months, then the landlord does not need to give the tenant any kind of notice to move, unless the terms of the lease specifically require it. The landlord can expect the tenant to move by the end of the lease term. If the tenant does not move out by the end of the lease term, then the landlord can file an eviction lawsuit against the tenant.
Even though a landlord may feel that an eviction is justified, a tenant may still decide to fight the eviction. This could delay the eviction and increase the costs of the lawsuit. The tenant could have several valid defenses against the eviction, including the landlord failing to follow proper eviction procedures or the landlord discriminating against the tenant.Tenant Defenses to Evictions in New Jersey has more information.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit. Even after winning the lawsuit, the landlord is not the one who will actually remove the tenant. This is done by a law enforcement officer. It is illegal for a landlord to force a tenant to move out of a rental unit, and the tenant can sue the landlord who tries. Illegal Eviction Procedures in New Jersey has more information on illegal evictions.
The landlord may find that the tenant has left personal property at the rental unit after the tenant has moved out. Before disposing of the property, the landlord must first notify the tenant of the property. To do this, the landlord must send the tenant notice through the mail (either certified mail or receipted first class) informing the tenant that the tenant has 33 days to claim the property or the landlord will dispose of it. If the tenant does not claim the property during the appropriate time frame, then the landlord can either sell the property or dispose of it. The landlord can also charge the tenant for the storage costs of the property during this time (see New Jersey Stat. Ann. § § 2A:18-72 through 2A:18-84).
Landlords must carefully follow all the rules and procedures required by New Jersey law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>For a landlord to evict a tenant before the tenant’s lease or rental agreement has expired, the landlord must have a valid legal cause. The most common cause for eviction is failure to pay rent. However, the landlord can also evict the tenant for violating the lease or rental agreement or using the rental unit for illegal activities. To evict a tenant for one of these reasons, the landlord must first terminate the tenancy. This happens when the landlord gives the tenant notice. The type of notice required will depend on the reason for the eviction.
See Mo. Rev. Stat. § § 441.020, 441.030, and 441.040.
A landlord must have cause to evict a tenant early. If the landlord does not have cause, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy, then the landlord must provide the tenant with a written one-month notice, specifying the date by which the tenant needs to move. If the tenant does not move out by that date, then the landlord can file an eviction lawsuit against the tenant (see Mo. Rev. Stat. § 441.060). Missouri Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this subject.
If the landlord wants to end a fixed-term tenancy, such as, a lease for one year, but does not have cause, the landlord must wait until the tenancy has expired. The landlord does not need to provide the tenant with written notice to move unless the terms of the lease or rental agreement specifically requires it. At the end of the tenancy, the landlord can expect the tenant to move.
Even if a landlord has a valid legal cause to evict a tenant, the tenant may still choose to fight the eviction. The tenant could also have a valid legal defense, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. Fighting the eviction could increase the costs of the eviction lawsuit for both the landlord and the tenant and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Missouri has more information on this topic.
The only way a tenant can be removed from the rental unit is when a landlord wins an eviction lawsuit against the tenant. Even then, the landlord is not the one who actually removes the tenant. Only a law enforcement officer has that authority. Missouri law has made it illegal for the landlord to force the tenant out of the rental unit, and the tenant can sue the landlord for damages if the landlord tries. Illegal Eviction Procedures in Missouri has more information.
After the tenant moves out of the rental unit, the landlord may find that the tenant has left behind personal property. Before the landlord can dispose of the property, the landlord must try to notify the tenant. The landlord must mail a written notice to the tenant’s last known address informing the tenant of the abandoned property and of the landlord’s desire to dispose of it. The tenant will have ten days to respond. If the tenant does not claim the property within ten days, then the landlord can dispose of it (see Mo. Rev. Stat. § 441.065). Handling a Tenant’s Abandoned Property in Missouri has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Missouri law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>To evict a tenant early, that is, before the tenancy has expired, a landlord must have legal cause. The most common legal cause of eviction is failure to pay rent. However, the landlord can also evict the tenant who poses a harm to others on the property or the property itself, or the tenant who violates the lease or rental agreement.
If the landlord is evicting the tenant for failing to pay rent, the landlord is not required to give the tenant notice before filing the eviction lawsuit. As soon as rent is late, the landlord can go to court and file an eviction lawsuit against the tenant (see Md. Code Ann. [Real Prop.] § 8-401). Eviction Notices for Nonpayment of Rent in Maryland has more information.
In all other cases, the landlord must give the tenant the following type of notice:
If a landlord does not have legal cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. The landlord may still need to give the tenant notice, depending on the type of tenancy.
If the tenant is in a month-to-month tenancy and the landlord wishes to end the tenancy, then the landlord must give the tenant a written one-month notice. This notice must inform the tenant that the tenancy will end at the end of one month and that the tenant must move out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can file an eviction lawsuit against the tenant (see Md. Code Ann. [Real Prop.] § 8-402(b)(3)).Maryland Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord wishes to end a fixed-term lease, such as for one year, but the landlord does not have cause, then the landlord must wait until the term expires before expecting the tenant to move. Unless the lease or rental agreement says otherwise, the landlord is not required to give the tenant notice to move. The landlord can expect the tenant to move by the end of the term. If the tenant does not move, then the landlord can file an eviction lawsuit against the tenant.
Even if the landlord has cause to evict the tenant, the tenant may still fight the eviction in court. The tenant may have a valid defense, such as the landlord failing to maintain the rental unit or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the cost of the lawsuit and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Maryland has more information on this subject.
A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. Even then, the only person allowed to remove the tenant is a law enforcement officer. Maryland law has made it illegal for the landlord to force the tenant to move out of the rental unit through any other means. Illegal Eviction Procedures in Maryland has more information.
After the tenant is evicted, the landlord may find that the tenant has left behind personal property. If the rental unit is located within the Baltimore city limits, then this property is considered abandoned. The landlord does not need to send the tenant any kind of notification, and the landlord can dispose of the property in any legal way, such as, taking it to a landfill or donating it to charity (see Baltimore City Code, Article 13, § 8A).
If the rental unit is located outside the Baltimore city limits, Maryland law does not give much guidance on what the landlord should do with the tenant’s abandoned personal property. The best practice is for the landlord to try to notify the tenant of the abandoned property and the landlord’s desire to dispose of it. The landlord should give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose it.
Landlords must carefully follow all the rules and procedures required by Maryland law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the different rules and procedures landlords must follow when evicting a tenant in Georgia.
For a landlord to terminate a tenancy early, the landlord must have cause, or a legal reason. In Georgia, those legal reasons are failing to pay rent or violating the terms of the lease or rental agreement. If a tenant fails to pay rent or violates the terms of the lease or rental agreement, the landlord must give the tenant a written notice, also called a demand, asking for rent to be paid or for the tenant to come into compliance with the lease or rental agreement. However, unlike most other states, George law does not state how long the landlord must wait before filing the eviction lawsuit. The landlord could give the tenant as little as 24 hours or as long as 10 days to comply with the notice. If the tenant does not comply, the landlord can file the eviction lawsuit (see Ga. Code Ann. § 44-7-50).
If a landlord does not have cause to terminate a tenancy early and evict a tenant, then the landlord must wait until the lease term has ended before expecting the tenant to move. In some cases, the landlord may still need to give the tenant written notice to move.
If a tenant is in a month-to-month tenancy and the landlord wishes to end the tenancy, the landlord needs to give the tenant a written 60-day notice. This notice will inform the tenant that the landlord is terminating the tenancy and the tenant must move out of the rental unit by the end of 60 days. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit with the court (see Ga. Code Ann. § 44-7-7). For more information on this topic, check out Georgia Notice Requirements to Terminate a Month-to-Month Tenancy.
If a landlord does not have cause to evict a tenant who is in a fixed-term tenancy (such as for six months or one year), then the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease or rental agreement specifically require the landlord to do so. The landlord can expect the tenant to move by the end of the term.
A tenant may choose to fight an eviction, even if the landlord feels positive that the eviction is justified. If the tenant chooses to fight the eviction, this could increase the amount of time the lawsuit will take. The tenant could have several potential defenses, including the landlord failing to maintain the rental unit or discriminating against the tenant. Tenant Defenses to Evictions in Georgia has more information on this topic.
A landlord must never attempt to force a tenant to move out of a rental unit. The only legal way to remove a tenant is for the landlord to file an eviction lawsuit and win it. Even after the landlord wins the lawsuit, only a sheriff or constable is allowed to remove, or evict, the tenant. Illegal Eviction Procedures in Georgia has more information on illegal eviction practices.
The landlord may find that the tenant has left personal property at the rental unit after moving out. If the tenant moved out of the rental unit at the natural end of the tenancy and not because of an eviction, then Georgia law does not give any guidance as to what the landlord should do with that property. The best practice will be for the landlord to try to contact the tenant and return the property, especially if it is something of value. If the tenant does not claim the property, then the landlord can dispose of it. Handling a Tenant’s Abandoned Property in Georgia has more information.
If the tenant moved out of the rental unit because the landlord won the eviction lawsuit, then Georgia law makes it very clear that any property left at the rental unit after the eviction has occurred is considered abandoned. The landlord does not have an obligation to try to return it to the tenant. The landlord can dispose of the property as soon as the eviction has occurred (see Ga. Code Ann. § 44-7-55). Handling a Tenant’s Property in Georgia: After an Eviction has more information.
Landlords must carefully follow all the rules and procedures required by Georgia law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>Landlords must always adhere to the law and follow specific steps to complete an eviction under North Carolina’s landlord-tenant law. (N.C. Gen. Stat. § § 42-25.6 and following.) Even when an eviction is justified, it may be defendable, on various grounds—for example, a tenant may claim that the eviction is illegal because the landlord used “self-help” measures such as shutting off the utilities.
This article summarizes the eviction process in North Carolina. For details on common defenses a tenant may use in fighting an eviction, see the Nolo article Tenant Defenses to Eviction Notices in North Carolina.
In order to evict a tenant in North Carolina, the landlord must first serve the tenant with the appropriate termination notice. The type of notice depends on the reason for the termination.
If the reason the landlord wants to evict the tenant is due to nonpayment of rent, the landlord must generally give the tenant a ten-day “notice to quit” before starting the eviction process. (N.C. Gen. Stat. § 42-3.) The purpose of this notice is to demand payment and it is therefore colloquially called a notice to “quit or pay.” If the tenant does not pay rent within the ten days, the landlord can proceed to file eviction papers on the 11th day.
At the end of a lease term, a landlord and a tenant both have an option to renew the lease or rental agreement. A landlord who does not wish to renew the agreement is not obligated to do so. In that case, the tenant must surrender possession of the leased premises at the end of the lease. A “holdover tenant” is one who, without the consent of the landlord, remains in possession of the premises after the expiration of the lease. (N.C. Gen. Stat. § 42-26.)
Depending on the term of the lease, a landlord must provide one of the following termination notices before the end of the then-current lease:
(See N.C. Gen. Stat. § 42-14.)
When the lease expires, the landlord is not required to give the tenant any options. The above-listed termination notices, also called “unconditional notices to quit,” simply notify the tenant when the lease is due to expire and state a deadline by which the tenant must vacate the premises. If the tenant does not move out by the specified date, the landlord can proceed with the eviction without further notice.
Importantly, the landlord must not accept any payment after the expiration of the lease term and before filing a complaint. This includes partial payment. Doing so may create a new tenancy based on the same terms as the original lease or rental agreement. (See Kearney v. Hare, 265 N.C. 570, 144 S.E. 2d 636 (1965).)
A landlord has the legal right to evict a tenant who breaches or violates an explicit condition of the lease. Damaging the rental property, disturbing the neighbors, housing a pet if the lease or rental agreement prohibits pets, or bringing in an unauthorized tenant are all examples of common violations. Note that willful or intentional destruction of the leased premises could also result in a misdemeanor charge in North Carolina. (N.C. Gen. Stat. § 42-11.)
A landlord is not legally obligated to give a tenant an opportunity to cure a lease violation before commencing eviction proceedings. Unlike the evictions previously discussed, there are no minimum notice requirements. Unless the lease requires notice and an opportunity to cure, the landlord can file eviction papers upon learning of a violation.
Expedited eviction is available to landlords seeking to evict drug traffickers and other criminals in North Carolina.
Prior to filing eviction papers, a landlord must first terminate the tenancy using the notice requirements described above. After the landlord has served proper notice and the deadline to pay rent or vacate the premises has expired, the landlord may need to initiate court proceedings to expel the tenant from the premises.
The landlord will initiate court proceedings by filing eviction papers in the appropriate small claims court or district court. The landlord should file the papers in the same county where the rental property is located. Small claims courts in North Carolina are appropriate venues for actions in which the damages sought do not exceed $10,000. This amount may be different in some counties. A landlord who claims that a tenant owes more than $10,000 should file the eviction papers in district court.
A complaint is a legal document that sets out the reasons one party seeks legal action against another. A clerk will provide a standard form titled “complaint in summary ejectment.” When filling out the complaint, the landlord must list as “defendants” all tenants whose names appear on the lease or rental agreement. Failing to do may prolong the eviction process.
A summons is a legal document that notifies a defendant that an action has been commenced. The summons will state a date and time on which the tenant should appear at a specified location to answer the complaint (a “hearing date”).
Once the landlord files the eviction papers, the tenant is served with the summons and a copy of the complaint. Usually, the county sheriff will personally serve the tenant at his or her home. Upon receiving these papers, the tenant may vacate the premises. Alternatively, the tenant may choose to fight the eviction by presenting defenses at the eviction hearing.
The tenant is not required to be present at the eviction hearing; however, it is advisable to do so. Failing to appear will guarantee an automatic win for the landlord—a “default judgment.” Even worse, if the landlord is seeking money damages, a money judgment may be entered against the tenant. These results may negatively impact the tenant’s rental and credit history.
Tenants should check the complaint. The tenant’s presence at the eviction hearing is not necessary if: 1) the landlord is merely seeking possession of the leased premises (and not claiming that the tenant owes money), and 2) the tenant is willing to move out and does not wish to fight the eviction.
If the tenant chooses to fight the eviction, the tenant must appear at the eviction hearing. At the hearing, the landlord will speak first and present his or her case to the judge or magistrate. Most landlords lose eviction hearings because they lack proper documentation. Thus, a landlord should at least bring the following two items to the eviction hearing:
Next, the tenant will have an opportunity to speak. If the tenant has defenses to the eviction, such as improper notice, “self-help” methods, or retaliatory eviction, the tenant should present those defenses at this time. The tenant may use any evidence in support of his or her case. The tenant may therefore bring the following to the court:
This list is not exclusive. The tenant should bring whatever evidence supports his or her case.
Once the landlord and the tenant finish presenting their cases, the judge will consider the evidence. The judge will determine whether the landlord is entitled to possession of the premises and will likely render a decision on the spot. If the landlord wins the eviction hearing, a judgment will be entered in his or her favor. The tenant will then have ten days to appeal the decision. Note that the tenant may be ordered to make bond payments to the court while an appeal is in progress. If the tenant fails to make bond payments, the landlord can cancel the appeal. If the tenant chooses not to appeal or loses the appeal, the tenant must vacate the premises.
After winning the eviction hearing or appeal, the landlord will file for a “writ of possession,” which allows the landlord to forcibly remove the tenant from the premises. The landlord must wait ten days after the initial judgment before filing for a writ of possession. The landlord may file for a writ of possession immediately after winning an appeal. If the tenant remains on the property, the county sheriff will accompany the landlord and padlock the premises within seven days of receiving the writ of possession.
The landlord will also have ten days to appeal an unfavorable decision. If the tenant wins the eviction hearing (or the appeal, if one is sought), the eviction will be stayed and the tenant will be able to remain on the premises.
For an overview of landlord-tenant law and eviction rules and procedures, see the Renting and Evictions section of LawHelpNC.org, and HUD.gov. To read the law itself, see Chapter 42: Landlord and Tenant of the North Carolina General Statutes. To find legal help to assist with an eviction, check out the North Carolina landlord-tenant attorneys in Nolo’s Lawyer Directory.
]]>If a landlord wants to evict a tenant, the landlord must have legal cause. Kansas statutes define legal cause as either failure to pay rent or violation of the lease or rental agreement. If evicting the tenant for one of these reasons, the landlord must give the tenant written notice. If the tenant does not comply with the notice, then the landlord can terminate the tenancy. The type of notice the landlord gives to the tenant will be different depending on the reason for the eviction.
If the landlord wants to evict a tenant but does not have legal cause, then the landlord must wait until the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a 30-day notice. This notice will inform the tenant that the landlord wishes to end the month-to-month tenancy and that the tenant must move out of the rental unit in 30 days. If the tenant does not move out of the rental unit by the end of 30 days, then the landlord can file an eviction lawsuit against the tenant (see Kan. Stat. Ann. § 58-2570). Kansas Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
A landlord who wants to end a fixed-term lease but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
Even if a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord discriminated against the tenant or failed to maintain the rental unit. The tenant’s decision to fight the eviction could increase the costs of the eviction or allow the tenant to remain living in the rental unit for longer. Tenant Defenses to Evictions in Kansas has more information on this subject.
It is illegal for a landlord to force a tenant to move out of a rental unit. The only way the landlord can remove the tenant from the rental unit is by winning an eviction lawsuit against the tenant. At that point, only a law enforcement officer with a court order has the authority to actually evict the tenant. If the landlord tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Kansas has more information.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. Before selling or otherwise disposing of the property, the landlord must allow the tenant time to claim the belongings. The landlord must store the property in a safe location and then contact the tenant using two different methods. The landlord must first publish a notice in the local newspaper stating that the tenant has 15 days to claim the property or the landlord will dispose of it at the end of 30 days. Seven days after the landlord has published this notice in the newspaper, the landlord must mail a copy of the notice to the tenant at the tenant’s last known address. If the tenant does not claim the property after these two notices, then the landlord can sell or dispose of the property at the end of the 30 days (see Kan. Stat. Ann. § 58-2565). Handling a Tenant’s Abandoned Property in Kansas has more information for landlords who find themselves in this situation.
Landlords must carefully follow all the rules and procedures required by Kansas law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in evicting a tenant is determining whether a landlord has legal cause (a reason) for eviction. New Hampshire law defines legal cause as, among other things, failure to pay rent, violation of the lease or rental agreement, or damage to the property or other people at the property. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord does this by giving the tenant written notice to quit.
If the landlord wants to end a tenancy with a tenant but does not have legal cause to evict the tenant, then the landlord has to just wait until the tenancy has ended before expecting the tenant to move. The landlord will still need to give the tenant written notice to move in some cases.
To end a month-to-month tenancy without legal cause, the landlord must give the tenant a written 30-day notice to quit. The landlord must also have good cause to end the tenancy, but New Hampshire law defines good cause very broadly, including economic or business reasons. If the tenant does not move out of the rental unit by the end of the 30-day notice period, then the landlord can file an eviction lawsuit against the tenant. (N.H. Rev. Stat. Ann. §§ 540:2 and 540:3 (2021).)
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord must just wait until the term has ended. The landlord is not required to give the tenant written notice to move unless the terms of the lease specifically require it. If the tenant has not moved out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction.
The tenant might decide to fight the eviction, even when the landlord has good legal cause to evict the tenant. The tenant could have a defense to the eviction, such as the landlord failing to maintain the rental unit or discriminating against the tenant. Fighting the eviction could increase the costs of the lawsuit or allow the tenant more time to remain living in the rental unit.
The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit against the tenant. Even then, the landlord is not the person who will actually evict the tenant. That will be done by a law enforcement officer. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
If the landlord finds personal property that the tenant has left behind in the rental unit after being evicted, then the landlord must store that property for seven days, at the landlord’s expense. The tenant must be allowed to access and reclaim the property during that seven-day period. If the tenant does not claim the property during that time, then the landlord can dispose of the property without notice to the tenant. (N.H. Rev. Stat. Ann. § 540-A:3(VII) (2021).)
Landlords must carefully follow all the rules and procedures required by New Hampshire law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in the eviction process in Louisiana is for the landlord to let the tenant know that they are ending the tenancy. This is called “terminating” the tenancy, and is often called receiving an “eviction notice” in Louisiana.
How (and whether) a landlord can terminate a tenancy in Louisiana depends on whether the landlord has a reason (“cause”) for terminating the tenancy, and whether the tenant has a long-term lease or a shorter-term rental agreement.
In Louisiana, when a tenant has a written lease and the landlord wants to kick the tenant out before the lease is over, the landlord must have a legal cause (good reason) to do so. If the landlord doesn’t have a legal cause to evict the tenant, the landlord will have to wait until the lease expires for the tenant to leave.
Louisiana law defines legal cause for eviction very broadly. The most common causes are:
However, Louisiana eviction law also states that the tenancy can be terminated for any other legal reason. (Evictions based on discriminatory reasons or as retaliation for a tenant’s exercising a legal right are not considered legal.)
In general, the most common reason for eviction besides failure to pay rent or a lease violation is a tenant’s participation in illegal activity on the premises—acts such as using drugs, dealing drugs, or participating in gang activity.
When a Louisiana tenant has a lease, the landlord can’t terminate the tenancy without cause. The landlord’s only option for getting the tenant to leave is to wait until the lease is over. The landlord doesn’t have to give the tenant notice that the lease is expiring. (La. Civ. Code art. 2720 (2023).)
When a Louisiana tenant has a rental agreement—such as a month-to-month agreement—the landlord must give the tenant a notice letting the tenant know that the landlord is ending the tenancy. The landlord must closely follow Louisiana’s laws to successfully end the tenancy.
When a landlord wishes to end a month-to-month tenancy but doesn’t have legal cause, the landlord can give the tenant notice to terminate 10 calendar days before the end of the month. This notice must inform the tenant that the month-to-month tenancy will end at the end of 10 days, and the tenant must move out of the rental unit by that time. (La. Civ. Code art. 2728 (2023).)
When a landlord has cause to end a tenancy early (as discussed above), the eviction process can proceed as follows:
The landlord must send the tenant a notice of termination. In Louisiana, this is often called a “notice to vacate.”
Louisiana landlords must serve (deliver) a five-day notice to vacate. In other words, the landlord must give the tenant five days (not including weekends and holidays) to move out. The notice can be:
Louisiana notices to vacate are unconditional: Louisiana landlords don’t have to give tenants the chance to become current with rent or fix a lease violation. Also, this notice can be waived in the lease—if waived, the landlord can file an eviction lawsuit immediately without giving the tenant any notice. (La. Code Civ. Proc. art. 4701 (2023).)
If the tenant moves out within the five days after the notice to vacate, the tenancy is over and the landlord has no need to file an eviction lawsuit.
If the tenant fails to move out by the deadline in the notice to vacate, the landlord can file a lawsuit for eviction. In Louisiana, filing an eviction lawsuit is called “filing a rule for possession.” The landlord can file a rule for possession with the justice of the peace or city court. The lawsuit must state the grounds for the eviction. (La. Code Civ. Proc. art. 4731 (2023).)
The court will then issue a Rule for Possession. The Rule for Possession orders the tenant to appear in court for a hearing.
The landlord must have a sheriff or other law enforcement officer serve the Rule for Possession on the tenant. Neither the landlord nor anyone related to the lawsuit (such as an employee of the landlord) can serve the Rule for Possession.
The court will have a hearing (or trial) on the Rule for Possession no earlier than the third day after the Rule for Possession is served on the tenant. (La. Code Civ. Proc. art. 4732 (2023).)
At the trial, the tenant will have the opportunity to present any defense to the eviction, such as the landlord’s failure to maintain the rental unit or the landlord’s discriminatory basis for evicting the tenant. The tenant’s decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant gets to remain in the rental unit for a longer period of time.
If the tenant doesn’t show up to the hearing, the judge has the power to enter a default judgment for the landlord. This means that the landlord automatically wins, and has the right to regain possession of the rental unit. Otherwise, the judge might rule on the hearing at the hearing, or wait a few days before making a final decision.
If the judge decides the hearing in favor of the landlord, the judge will issue a writ of possession that the landlord can use to have the tenant physically removed from the rental.
If the judge decides the hearing in favor of the tenant, the tenant has the right to remain in the rental.
When the landlord wins the Rule for Possession hearing, the judge will issue a Writ of Possession. The writ will give the tenant some time—usually 24 hours—to remove their belongings from the rental and move out.
If the tenant doesn’t move out, the landlord can bring in the sheriff or other law enforcement to remove the tenant.
After the eviction, the landlord might have the right to seek from the tenant unpaid rent or payment for damage to the property. In most cases, the landlord will simply retain the tenant’s security deposit to cover the amounts owed—especially when the landlord suspects that the tenant doesn’t have funds that are worth going after.
If the landlord believes the tenant might have the ability to pay, the landlord can file a separate lawsuit to recover money damages that go beyond what the security deposit can cover.
Landlords must carefully follow all the rules and procedures required by Louisiana law when evicting a tenant. If there is a procedural error, such as not giving the tenant enough notice of the termination, the court will dismiss the eviction lawsuit, the tenant can remain in the rental (for the time being), and the landlord will have to restart the termination and eviction process.
Landlords must never resort to self-help procedures such as locking out the tenant or physically removing the tenant or the tenant’s belongings from the rental. The only legal way to remove the tenant is for the landlord to win an eviction lawsuit in court. Even after the landlord wins the eviction lawsuit, the only person authorized to remove the tenant is a law enforcement officer. The consequences of illegal evictions are serious: Landlords who illegally evict tenants may be subject to lawsuits by the tenant, and possibly even criminal charges.
Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
After the tenant has been evicted, the landlord might find that the tenant has left personal property behind in the rental unit. Louisiana law is not very clear on what the landlord should do with tenants' abandoned property.
If the property has any value (either monetary value or sentimental value), the best practice for the landlord would be to take inventory of the property and store it in a safe location. Then, the landlord should contact the tenant and allow the tenant reasonable time to claim the property. If the tenant does not claim the property in a reasonable amount of time, then the landlord can dispose of the property.
]]>Generally, the first step in the eviction process is for the landlord to terminate the tenancy. To do this, the landlord must have legal cause. In South Carolina, the most common types of legal cause are failure to pay rent, violation of the lease or rental agreement, or commission of an illegal act on the premises of the rental unit. To terminate the tenancy, the landlord is almost always required to give the tenant notice. The type of notice required will depend on the reason for the termination.
If the landlord does not have legal cause to terminate the lease or rental agreement, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. In some cases, the landlord may still need to give the tenant written notice to move.
To terminate the tenancy of a month-to-month tenant, the landlord must give the tenant a 30-day notice. This notice must inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant must move out by a certain date, not less than 30 days from the date of the notice. If the tenant does not move out by that day, the landlord can file an eviction lawsuit against the tenant (see S.C. Code Ann. § 27-40-770). South Carolina Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the landlord wants the tenant to move but the tenant has a fixed-term lease and the landlord does not have legal cause to evict the tenant, then the landlord must wait until the end of the lease term before expecting the tenant to move. The landlord is not required to give the tenant notice to move unless the lease specifically requires it. The landlord can instead expect the tenant to move by the end of the lease term.
Even though a landlord may have a valid legal reason to evict a tenant, the tenant may still decide to fight the eviction. The tenant may also have a valid legal defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to fight the eviction could lead to the eviction lawsuit costing more or the tenant remaining in the rental unit for longer. Tenant Defenses to Evictions in South Carolina has more information on possible defenses available to tenants.
The only way a landlord can remove a tenant from a rental unit is for the landlord to win an eviction lawsuit against the tenant. Even then, the only person authorized to actually evict the tenant is a law enforcement officer. The landlord must never attempt to force the tenant to move out of the rental unit. In fact, South Carolina law has made this illegal. For more information, see Illegal Eviction Procedures in South Carolina.
After the tenant has been evicted, the landlord may find that the tenant has left behind personal belongings. In South Carolina, the landlord can immediately dispose of this property without further notifying the tenant, as long as the eviction notice clearly notified the tenant of the landlord’s option to do so (see S.C. Code Ann. § 27-40-710(D)).
Landlords must carefully follow all the rules and procedures required by South Carolina law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>To evict a tenant before the term of the tenancy has expired, a landlord must have legal cause. The most common legal cause is the tenant's failure to pay rent, followed closely by violating the lease or rental agreement. In most states, the landlord must give the tenant notice before terminating the tenancy and filing the eviction lawsuit. However, in Minnesota, the landlord is not required to give the tenant any notice before filing an eviction lawsuit. As soon as the tenant pays rent late or violates the lease or rental agreement, the landlord can go to court and file an eviction lawsuit against the tenant, thereby terminating the tenancy (see Minn. Stat. Ann. § § 504B.291 and504B.285). Eviction Notices for Nonpayment of Rent in Minnesota has more information.
The only exception is that a landlord must give a 14-day notice to a tenant who fails to pay rent and is at will, meaning there is no lease or rental agreement. This applies most often to tenants who are month-to-month. If a month-to-month tenant fails to pay rent, the landlord must give the tenant a 14-day notice to quit before filing an eviction lawsuit against the tenant (see Minn. Stat. Ann. § 504B.135).
If a landlord wants a tenant to move out of a rental unit but the landlord does not have legal cause to file an eviction lawsuit against the tenant, the landlord must wait until the term of the tenancy expires. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy, the landlord will need to give the tenant a written notice to vacate. The amount of time on the notice must be either three months or the length of time between when rent is due, whichever is less. If the tenant does not move out by the end of the notice period, then the landlord can file an eviction lawsuit against the tenant (see Minn. Stat. Ann. § 504B.135). Minnesota Notice Requirements to Terminate a Month-to-Month Tenancy has more information on the subject.
If the tenant has a fixed-term lease but the landlord does not have cause to evict the tenant, the landlord must wait until the lease term has ended before expecting the tenant to move. Unless the lease specifically says otherwise, the landlord is not required to give the tenant a written notice to move. The landlord can expect that the tenant will move out of the rental unit by the end of the term, unless the landlord and the tenant have agreed otherwise.
A tenant may decide to fight against an eviction lawsuit, even if the landlord has valid legal cause to support the eviction. The tenant may also have a valid legal defense, such as, the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to defend against the lawsuit could increase the cost of the eviction and increase the amount of time the tenant remains in the rental unit. Tenant Defenses to Evictions in Minnesota has more information.
The only way to legally evict a tenant is for the landlord to win an eviction lawsuit. However, even after the landlord wins the eviction, the landlord must not try to remove the tenant. That can only be done by a law enforcement officer. It is illegal for a landlord to ever attempt to force a tenant to move out of a rental unit, and the tenant can sue the landlord for trying. Illegal Eviction Procedures in Minnesota explains more about this.
After the tenant is evicted, the landlord may find that the tenant has left behind personal property at the rental unit. Before the landlord can sell or otherwise dispose of the tenant’s personal property, the landlord must store the property for 28 days. If the landlord does not hear from the tenant during those 28 days, then the landlord can dispose of the property. The landlord can sue the tenant for the cost of storage.
If the landlord is going to sell the property, the landlord must notify the tenant at least 14 days before the sale. If the tenant claims the property during that 14-day period, then the landlord must not sell the property (see Minn. Stat. Ann. § 504B.271).
Landlords must carefully follow all the rules and procedures required by Minnesota law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord must have legal cause to evict a tenant early, that is, before the term of the tenancy has expired. In Wisconsin, the most common legal causes are tenant failure to pay rent or violation of the lease or rental agreement. Before the landlord files an eviction lawsuit with the court, the landlord must terminate the tenancy. This is done by giving the tenant notice. The type of notice required will depend on the type of tenancy and the reason for the eviction.
Month-to-Month Tenancy:
Fixed-Term Tenancy:
If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move out of the rental unit. In some cases, the landlord may still need to give the tenant written notice to move before the tenancy terminates.
If the landlord wishes to end a month-to-month tenancy but does not have legal cause to do so, then the landlord must give the tenant a 28-day notice to vacate. This notice will inform the tenant that the tenancy will terminate in 28 days and the tenant must move out of the rental unit by that time (see Wis. Stat. Ann. § 704.19). Wisconsin Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the tenant has a fixed-term lease and the landlord wishes to end the tenancy but does not have cause, the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the lease requires it.
Even though a landlord may have valid legal cause to evict a tenant, the tenant may have a valid legal defense and could choose to fight the eviction. Tenant defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant will be able to remain in the rental unit for longer. Tenant Defenses to Evictions in Wisconsin has more information on this subject.
A tenant can only be removed from the rental unit after a landlord has won an eviction lawsuit against the tenant. At that point, the only person authorized to remove the tenant is a law enforcement officer. It is illegal for the landlord to ever attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying. Illegal Eviction Procedures in Wisconsin has more information.
After an eviction has occurred, the landlord may find that the tenant has left behind personal property. If the landlord and the tenant had a written lease or rental agreement with a clause stating that the landlord will not store the tenant’s abandoned property, then the landlord can dispose of the property in any way that is legal (see Wis. Stat. Ann. § 704.05(5)(a); there is an exception for medications. The landlord must keep medications for seven days after the tenant has moved out before disposing of them).
If the landlord and the tenant did not have a written lease or rental agreement with a clause concerning abandoned property, then the tenant must follow an older statute (see Wis. Stat. Ann. § 704.05(bf)). Under this statute, the landlord must store the tenant’s abandoned property. The landlord must notify the tenant within ten days of storing the property. The tenant will then have 30 days to claim the property. If the tenant does not claim the property within 30 days, then the landlord can dispose of the property (see Wis. Stat. Ann. § 704.05(5), 2009 stats.)
Landlords must carefully follow all the rules and procedures required by Wisconsin law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the basic rules and procedures a landlord or property manager must follow when evicting a tenant in Indiana.
To evict a tenant early (meaning, before the lease or rental agreement has expired), a landlord must have cause, or a legal reason. The most common causes of eviction are failure to pay rent or violation of the lease or rental agreement. In some cases, the landlord can also evict the tenant who willfully destroys the rental unit property. The first step in evicting the tenant for one of these reasons is for the landlord to give the tenant notice.
If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the term of the lease or rental agreement before expecting the tenant to move. If the tenant is month-to-month, the landlord will need to provide the tenant with notice.
If the landlord wishes to end a month-to-month tenancy, the landlord is required to give the tenant a written 30-day notice to quit. This notice will inform the tenant of the landlord’s intentions to end the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move within 30 days, then the landlord can file an eviction lawsuit against the tenant (see Ind. Code Ann. § 32-31-1-1). Indiana Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord and the tenant have a fixed-term lease or rental agreement (such as for one year) and the landlord does not have cause to evict the tenant, then the landlord must wait until the end of the term before expecting the tenant to move. If the lease or rental agreement specifies the date on which the tenancy will end, then the landlord does not need to give the tenant written notice to move (see Ind. Code Ann. § 32-31-1-8).
Although a landlord may have cause to evict a tenant, the tenant can still choose to fight the eviction. The tenant may have a valid defense against the eviction, such as the landlord not following all the rules and procedures when evicting the tenant or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the costs and the length of the lawsuit. Tenant Defenses to Evictions in Indiana has more information on this topic.
The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. If the landlord does try to force the tenant to move, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Indiana has more information on this topic.
The landlord may find that the tenant has left behind personal property at the rental unit following an eviction. The landlord must get a court order before removing the personal property from the rental unit. After the landlord receives the court order, then the landlord must provide the tenant with notice. The notice must state that the landlord will be removing the tenant’s property from the rental unit to a warehouseman, or storage unit. The warehouseman then takes responsibility for the property. The tenant must claim the property within 90 days and pay the warehouseman the cost of storage, or the warehouseman can sell the property (see Ind. Code Ann. § § 32-31-4-2 to 32-31-4-5). Handling a Tenant’s Property in Indiana: After an Eviction has more information on abandoned property.
Landlords must carefully follow all the rules and procedures required by Indiana law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures landlords and property managers must follow when evicting a tenant in Tennessee.
A landlord who wants to evict a tenant before the tenant’s lease or rental agreement has expired must have cause (a valid legal reason). The most common causes for eviction are the tenant’s failure to pay rent or violation of the lease or rental agreement. However, landlords can also evict tenants for committing violent acts or drug-related activity at the rental unit.
The first step in the eviction process is for the landlord to terminate the tenancy. Usually, this is done by the landlord giving notice to the tenant. The type of notice required is determined by the reason for the eviction.
If the tenant can remedy (“cure”) the situation, the notice must give the tenant 14 days to do so (or move out). If the tenant doesn’t correct the behavior or move out within 14 days, the landlord can terminate the tenancy and file an eviction lawsuit. (Tenn. Code § 66-7-109 (2022).)
For situations where the tenant is committing a violent act or the tenant’s behavior can’t be remedied, the notice doesn’t have to give the tenant the option of curing the behavior. Instead, the notice can simply tell the tenant they have 14 days to move out.
A landlord may also give a 14-day notice without a chance to cure when the tenant again commits the same act or omission which was considered a violation with six months of the first notice. For example, if a tenant who violated a no-pets policy gives up their dog after receiving the first 14-day notice, but then brings in a rabbit the next month, the landlord doesn’t have to give the tenant the opportunity to give up the rabbit—the landlord can just tell the tenant to move out within 14 days.
When a landlord does not have a legal reason to evict a tenant, the landlord must wait until the end of the tenancy before expecting the tenant to move. In some cases, the landlord might still have to give the tenant written notice that the tenancy is ending on a certain date—usually when the lease specifies that the landlord will provide notice.
If the landlord wants to end a month-to-month tenancy, the landlord must give the tenant a 30-day notice that specifies the date on which the tenancy will end. If the tenant does not move out by that date, the landlord can file an eviction lawsuit against the tenant. (Tenn. Code § 66-28-512 (2022).) Tennessee Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the landlord want to end a fixed-term tenancy, such as for one year, the landlord will have to wait until the term expires before expecting the tenant to move. However, unless the lease specifically requires it, the landlord does not need to give the tenant written notice to move. The landlord can expect the tenant to move by the end of the term.
Even though a landlord might have legal cause to evict a tenant, the tenant can still fight the eviction. The tenant could have a valid defense, such as the landlord retaliating against the tenant or discriminating against the tenant. The tenant’s decision to fight the eviction could increase the cost of the lawsuit and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Tennessee has more information on this topic.
The only legal way that a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit with the court. Even after winning the eviction, the landlord is not authorized to evict the tenant—physical removal can be done only by a law enforcement officer. The tenant can sue the landlord for damages if the landlord illegally attempts to force the tenant to move.
After the tenant has moved out of the rental unit, the landlord might find that the tenant has left personal property at the rental unit. The landlord must notify the tenant of the landlord’s intention to remove the property and dispose of it. The landlord must hold on to the property for 30 days to allow the tenant enough time to claim the property. If the tenant does not claim the property within the 30-day time period, then the landlord can sell it or dispose of it. If the landlord sells the property, then the proceeds can go toward unpaid rent or other damages the tenant owes the landlord. (Tenn. Code § 66-28-405 (2022).)
Landlords must carefully follow all the rules and procedures required by Tennessee law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>Different types of notices and procedures are required for different situations. Here are the rules and procedures landlords must follow when evicting a tenant in Ohio.
When a landlord wants to terminate a tenancy before the lease term has ended, the landlord must have legal cause (a valid reason). The most common reasons to evict a tenant are failure to pay rent and violation of the lease or rental agreement. However, landlords can also evict tenants for using, selling, or manufacturing illegal drugs at the rental unit.
In all of these situations, the landlord must give the tenant an unconditional three-day notice to quit (leave the rental). The notice must inform the tenant that the tenant has three days to move out of the rental unit, and if they don’t move out by the deadline, the landlord will file an eviction lawsuit (also called a “forcible detainer” lawsuit). Ohio law requires that the notice contain the following language:
You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.
(Ohio Rev. Code §§ 1923.02, 1923.04 (2022).)
When a landlord doesn’t have legal cause to evict a tenant, the landlord must wait until the end of the lease term before expecting the tenant to move. Usually, a landlord in this situation doesn’t have to give the tenant notice that the lease won’t be renewed. However, if the lease or rental agreement states that the landlord will give notice, the landlord must perform the requirements of the lease.
To end a month-to-month tenancy, a landlord must give a tenant at least a 30-day written notice to move. With a month-to-month tenancy, the landlord isn’t required to have a reason for ending the tenancy—they only need to give the tenant proper notice.
The notice must state the date by which the tenant must be out of the rental unit. If the tenant doesn’t move out by the end of the 30-day period, then the landlord can file an eviction action against the tenant. (Ohio Rev. Code § 5321.17 (2022).)
With a fixed-term tenancy, if the landlord doesn’t have cause to end the tenancy early, they must wait until the lease term is over to end the tenancy. In this case, the landlord only needs to give the tenant notice to move when the lease specifically requires it. Otherwise, the landlord can expect the tenant to move out by the end of the term, unless the tenant has expressed a desire to renew the lease or rental agreement and stay longer.
Although a landlord might think an eviction is justified, the tenant might feel differently. Tenants always have the right to fight the eviction in court. The tenant could have several potential defenses, including the landlord not maintaining the rental unit or discriminating against the tenant. Tenant Defenses to Evictions in Ohio has more information on this topic.
It is never okay for a landlord to force a tenant to move out of the rental unit. If the tenant doesn’t move out after receiving written notice to move, the landlord’s only legal option is to file an eviction lawsuit. Even if the landlord is successful and wins the lawsuit, only a sheriff or constable is authorized to actually evict the tenant.
The landlord may find personal property left in the rental unit or on the premises after the tenant moves out of the rental unit. Most states have laws about how the landlord should handle abandoned personal property; however, Ohio does not. This doesn’t mean that the landlord can just dispose of the property, though. The landlord should still take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of it. Handling a Tenant’s Abandoned Property in Ohio has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Ohio law when evicting a tenant. Otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>The first step—and one that must be done before the landlord can file an eviction (“unlawful detainer”) lawsuit—is for the landlord to let the tenant know that they are ending the tenancy. This is called “terminating” the tenancy.
To add to the complexity of the eviction process, California’s Tenant Protection Act of 2019 gives tenants who have lived in a rental for at least 12 months additional protections.
The California Tenant Protection Act of 2019 (the “Act”) is a statewide rent control and tenant protection law that affects most tenancies in California. The Act is complex, but, generally speaking, it requires landlords to have “just cause”—a reason recognized by the Act—to evict a tenant who has lived in a rental for 12 months or longer. The reason can be because the tenant is “at-fault,” meaning the landlord is ending the tenancy because of the tenant’s actions (or inaction), or it can be “no-fault,” meaning the landlord has a reason independent of the tenant’s behavior (such as wanting to personally move into the rental) for ending the tenancy.
The Act applies to tenants who have month-to-month rental agreements as well as those with longer-term leases. However, some types of tenancies are exempt from the Act. For example, a unit that is “separately alienable from title” (meaning a standalone property that can be sold on its own, such as a single-family home) that’s owned by an individual is exempt.
Going into the Act in detail is beyond the scope of this article, but Nolo’s article Statewide Rent Control: California’s Tenant Protection Act of 2019 provides a thorough overview of what both tenants and landlords should know about the Act.
A landlord can terminate a tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. The landlord must terminate the tenancy by giving the tenant a written notice (called a “Notice to Quit” in California). The reason for the termination will determine the type of notice needed.
(Cal. Civ. Proc. Code § 1161(4) (2023).) (Landlords can also use a three-day unconditional notice to quit when a tenant subject to the Act ignores a three-day notice to quit or cure a lease violation that can be corrected. More on that below.)
The rules for terminating a lease without cause vary depending on whether the tenancy is month-to-month or a fixed term.
If a tenant has a month-to-month rental agreement and has lived in the rental unit for less than one year, then a landlord must give the tenant a written 30-day notice to end the tenancy. (Cal. Civ. Code § 1946.1 (2023).) The landlord doesn’t have to give a reason for the termination, but must not be ending the tenancy for a discriminatory reason.
If the tenant has lived in the rental unit for over one year and is month-to-month, then the landlord must give the tenant a written 60-day notice to end the tenancy. (Cal. Civ. Code § 1946.1 (2023).)
Both notices must inform the tenant that the tenancy will expire at the end of the notice period and the tenant must move out of the rental unit by that time.
For tenancies that are longer than month-to-month, the landlord can’t end the tenancy without cause until the end of the term. The landlord doesn’t need to give the tenant notice to move out at the end of the term unless the lease specifically requires it. For example, this means that if the tenant has a year-long tenancy that expires at the end of December and the tenant hasn’t requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require notice.
Ending a Fixed-Term Tenancy When the Tenant Has Lived in the Rental for 12 Months
The exception to the rule that a landlord doesn’t have to give a tenant notice when a fixed-term lease is ending is if the tenant has lived in the property for 12 months. In this situation, the landlord can’t refuse to renew the lease without just cause.
If the landlord’s reason for not renewing the lease is an “at-fault” reason, the landlord must give a:
(Cal. Civ. Pro. Code § 1161; Cal. Civ. Code § 1946.2 (2023).)
When the at-fault reason is a curable breach, if the tenant doesn’t cure the violation or move out after receiving the three-day notice to cure or quit, the landlord must provide a three-day unconditional notice to quit before the landlord can file an eviction lawsuit. (Cal. Civ. Code § 1946.2(c) (2023).)
If the landlord’s reason for not renewing the lease is a “no-fault” reason, the landlord must compensate the tenant pursuant to the Act. (Cal. Civ. Code § 1946.2 (2023).)
When a landlord has cause to end a tenancy early (as discussed above), the eviction process can proceed as follows:
The landlord must deliver the proper notice to terminate (see above) on the tenant. The notice can be:
The landlord or another person over the age of 18 can deliver the notice to terminate to the tenant.
If the termination notice gave the tenant the opportunity to pay rent or fix a problem, and the tenant does so, the landlord can’t file an unlawful detainer suit. Alternatively, if the tenant moves out by the deadline given in the notice to terminate, the tenancy is over, and the landlord has no need to file an eviction lawsuit.
If the tenant fails to move out or cure the problem described in the notice, the landlord can file an unlawful detainer lawsuit. The case must be filed in the superior court in the county where the rental is located. The landlord will file the following forms:
Landlords should also check with the court clerk to find out if there are additional required local forms.
The filing fee for an unlawful detainer suit is $240-$450, depending on the court. Landlords can file for a fee waiver if they can’t afford the filing fee.
After filing the forms, the landlord must have the eviction paperwork served on the tenant. These documents can’t be served by the landlord—another person over the age of 18 and not related to the case must serve them.
Once the paperwork has been served, an original and copy of a signed Proof of Service form must be filed with the court.
The tenant has either 5 or 15 days to respond, depending on how the landlord served the paperwork. When the server hands the documents personally to the tenant, the tenant has five days (excluding weekends and holidays) to respond. The tenant gets 15 days (including weekends and holidays) to respond when the server:
If the tenant responds to (answers) the landlord’s complaint, the landlord can then ask the court to set a trial date. At the trial, both the landlord and the tenant will have the opportunity to explain their position on the eviction.
If the tenant doesn’t file an answer, the landlord can ask the court for a default judgment (meaning the court will grant the landlord’s request to evict the tenant without any input or defense from the tenant). A landlord who is granted a default judgment must serve the tenant with a copy of the judgment.
The judge will sign a Judgment of Possession if the judge believes that the landlord has good reason to evict the tenant. The judge might also order the tenant to pay rent owed, other costs the landlord incurred when filing the lawsuit, and (if allowed under the lease) attorneys’ fees.
Once the court signs a Judgment of Possession, the landlord will have the clerk of the court stamp a Writ of Execution. A Writ of Execution gives the landlord the power to direct the sheriff’s office to proceed with the eviction.
After the landlord reserves the sheriff’s services, the sheriff will serve the tenant with a Notice to Vacate. The Notice to Vacate orders the tenant to move out within five days. If the tenant doesn’t move out, the sheriff can physically remove the tenant and the tenant’s belongings from the rental.
Landlords must carefully follow all the rules and procedures required by California law when evicting a tenant. If there is a procedural error, such as not giving the tenant enough notice of the termination, the court will dismiss the unlawful detainer lawsuit, the tenant can remain in the rental (for the time being), and the landlord will have to restart the termination and eviction process.
Landlords must never resort to self-help procedures such as locking out the tenant or physically removing the tenant or the tenant’s belongings from the rental. The only legal way to remove the tenant is for the landlord to win an unlawful detainer lawsuit. Even after the landlord wins, the only person authorized to remove the tenant is a law enforcement officer—usually a sheriff. The consequences of illegal evictions are serious: Landlords who illegally evict tenants may be subject to lawsuits by the tenant, and possibly even criminal charges.
Although these rules and procedures can seem burdensome to the landlord, they serve an important purpose. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure that the eviction is justified and that the tenant has enough time to find a new home.
After the tenant has been evicted, the landlord might find that the tenant has left personal property behind in the rental unit. The landlord must try to notify the tenant of the abandoned property and give the tenant at least 15 days to reclaim it (18 days if the notice was mailed to the tenant). The landlord can charge the tenant for the cost of storing the property. If the tenant doesn’t claim the property, the landlord can dispose of it at the end of the notice period. (Cal. Civ. Code §§ 1980–1991 (2023).)
For anyone who wants to represent themselves in an eviction suit, the California Courts Self-Help Guide is an excellent source of information about eviction laws and procedures. Low-income individuals might be able to get reduced-fee or free legal assistance.
The California Landlord's Law Book: Evictions provides step-by-step advice on and the necessary forms for evicting a tenant in California. The California Landlord’s Law Book: Rights and Responsibilities is another resource for landlords to tap into—it covers a broad range of issues that will help landlords find good tenants and (hopefully) having to end up in a situation where they have to evict a tenant.
California Tenants' Rights is a book designed to help tenants deal with difficult landlords, understand their rights and responsibilities, and fight an eviction if necessary.
]]>Nevada law sets out detailed requirements to end a tenancy, with different types of termination notices and procedures required for different types of situations. This article provides an overview of the rules landlords must follow when evicting a tenant or ending a tenancy in Nevada.
Nevada allows a landlord to terminate a tenancy early and evict a tenant for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. The reason for the eviction will determine the type of notice the landlord must give to the tenant.
See NRS § 40.2514.
For details on these various types of eviction notices, see Eviction Notices for Nonpayment of Rent in Nevada and Eviction Notices for Lease Violation in Nevada.
The rules for terminating a tenancy without cause vary depending upon whether the tenant has a month-to-month rental agreement or a fixed-term lease.
With a month-to-month rental agreement, the landlord must give the tenant at least a 30-day written notice informing the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time. The same type of notice is required for a week-to-week agreement, except the landlord only needs to give the tenant seven days’ notice.
If the tenant is over 60 years old or has a physical or mental disability, the tenant may request an additional 30 days to move out of the rental unit. If the tenant requests this extension, the landlord must allow it (see NRS § 40.251).
For details, see Nevada Notice Requirements to Terminate a Month-to-Month Tenancy.
A landlord can only remove a tenant without cause at the end of the time specified in the lease agreement. The landlord may not be required to give the tenant notice for leases that are longer than month-to-month, unless the lease agreement requires it. This means that if the tenant has a year-long lease that expires in December and the tenant has not requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require it.
A tenant may decide to fight the eviction, which could add time to the eviction lawsuit. The tenant could have several potential defenses, including mistakes the landlord made during the eviction process, such as using the wrong form or improperly serving it. The tenant could also assert that the landlord failed to maintain the rental unit and that the termination is retaliatory because the tenant filed a complaint about uninhabitable premises, or that the landlord discriminated against the tenant in some way. For more information on tenant defenses, see Tenant Defenses to Evictions in Nevada.
The only way a landlord can legally evict a tenant is by filing an eviction lawsuit, also called an unlawful detainer suit, with the justice court of the county in which the rental unit is located. Even if the landlord wins this lawsuit, the landlord still must not personally evict the tenant. The court will give authority to a sheriff or constable to evict the tenant by a certain day.
Nevada law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in Nevada for more information on this topic.
If the tenant has abandoned the property and left behind personal belongings, either because of receiving notice or after the eviction, the landlord can dispose of the property only after storing the property for 30 days and making efforts to locate and notify the tenant of the landlord’s intent to dispose of the property (see NRS § 118A.460).
Landlords must carefully follow all the rules and procedures Nevada law sets forth for evictions; otherwise, the eviction may be not valid. This can often be burdensome for the landlord. However, the rules are in place for a reason. Evictions often happen very quickly and the end result is that the tenant may lose his or her home. The rules help ensure that the eviction is justified and that the tenant has enough time to find a new place to live.
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