When There is Need of Eviction by Landlord

Posted on May 27th, 2008 | by John Glenn |

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When a landlord wants a tenant to move out, certain procedures must be followed. He should not move out their tenants without any suitable reason. Even he could not disturb him by any kind of trouble means he cannot change the lock, or cease services to their tenant, such as electricity, heat, water, even if you followed the eviction process to the ‘T’ as mandated by your state’s laws.

If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave if he has not signed any lease regarding that. The tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out only at the end of a rental period. There are several reasons a landlord can state in the eviction notice served are: non-payment of rent; violation(s) of the lease, damages to the residence.

Eviction notice periods can be anywhere from 20-90 days, though the average period is 30-60 days. At the end of the eviction period, if said violations and/or payments had not been resolved, the landlord files the eviction with the courts. There are four types of evictions under the law, each requiring a certain type of notice:

  • For not paying rent.
  • For not complying with the terms of the rental agreement.
  • For creating a “waste or nuisance.
  • For no cause

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