When Can a Landlord Evict a Tenant

There are some circumstances when a tenant has been evicted by the landlord. There are rules that should be considered throughout the process. This is to ensure that the eviction process will be legal and righteous.

If you have been renting a home or apartment, there could be a chance that you will find yourself evicted. This may happen when your landlord fell behind on the mortgage. As a result, the lender will be given an ability of evicting you or even anybody who is staying in that property.

When the lender granted an order of repossession that only means that you no longer have the right to live in that home. However, you can still use some ways to bind your tenancy on a mortgage lender. These include the following:

• If your landlord got the mortgage which you have already been living there.

• When a lender asked you to repay the rent. Thus, he or she recognizes you as the tenant as well as your tenancy.

• When the lender of the landlord agreed into the tenancy

How the Eviction Process Works

The landlords could not start with an eviction lawsuit with no legal termination of tenancy. It only means that the tenant should be given a written notice which has been specified in the termination statute of the state. When the tenant did not move (reform – for instance, through looking for new home for a dog, or through paying a rent), you may file for a lawsuit to evict. This is technically called as the UD or unlawful detainer lawsuit.

The state laws had set out detailed and complete requirements in order to end the tenancy. There are various kinds of notices of termination needed for various kinds of situations. Every state provides its own processes on writing and delivering the eviction papers and termination notices.

Notice for Termination with Cause

Even if terminology may vary with one state to another, basically, there have been 3 kinds of tenancy termination notices that a landlord terminate because of the tenant’s misbehavior. These are the following:

Quite or Cure Notices
These usually provided right after the tenant violated the condition or term of the rental or lease agreement like no-pets clause and requirement of refraining from producing too much noise. Most of the time, the tenants have been given an amount of time to “cure” or correct their violation. The one who failed to do such thing should face or move the possibility of being evicted.

Quite or Pay Rent Notices
These are usually used by the landlords if a tenant did not pay his or her rent. They are going to provide the tenants several days (3 to 5, in many states) for them to pay their rent, or “quit” (move out).

Unconditional Quite Notices
These have been the harshest notice of all. It means that there is no chance of paying the rent or correcting the rental or lease agreement violation.

Again, some of the eviction lawsuit still depends on the state. However, if you are the tenant, you should be fully aware of your responsibilities.
Posted on Feb 21, 2014


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