Notice

• Among the most practically important eviction laws are those that require landlords and mortgage lenders to give notice to residents prior to an eviction. Whoever is overseeing the eviction process must usually post the eviction notice on the property in plain sight. The notice will state the date of the eviction, which can be anywhere from three days to 30 days from the time of posting.
  
  After receiving an eviction notice, residents have the specified time to remove their belongings and find a new place to live. If the lender or landlord fails to give notice in accordance with state law, she may not be able to proceed with the eviction as planned.
  
  

Renters vs. Owners

• Home-eviction laws are different for renters and homeowners who pay a mortgage. If you rent your home, the landlord might need to give notice based on how long you have occupied the unit. Most states have laws that prevent landlords from locking tenants out of their rental units without giving notice first, which protects a tenant's right to remove belongings and vacate the property.
  
  Homeowners face eviction when their home goes into foreclosure. The foreclosure process is different in each state but can eventually lead to eviction once the formal legal process is complete.
  
  

Procedure

• Rental home evictions usually happen when a tenant falls behind on rent payments. Although landlords aren't obligated by law to allow back payments or give tenants grace periods, many will wait until it appears that the tenant can't make up for late rent. The terms of a lease might dictate the eviction process.
  
  For homeowners, an eviction is a much longer and complex process. Instead of violating rental agreements, owners who fall behind on mortgage payments are in violation of the terms of their mortgage-loan agreement. Banks might need permission from a court before ordering an eviction, which can delay the process.
  
  

Avoiding Eviction

• Eviction laws might allow you to avoid eviction altogether. In some cases, homeowners have mandatory grace periods during which they can avoid eviction by paying the past-due amount on a mortgage. In addition, mortgage lenders and landlords have the right to create new payment agreements with tenants and borrowers. This usually occurs earlier in the process, before the eviction process begins. When you realize that an eviction might be forthcoming, contacting your lender or landlord for help might be the best first step.