How it Works

• An eviction is the lawful expulsion of a tenant from the property he rents. A landlord may evict a tenant from a property only with just cause. Landlords typically pursue evictions when a tenant does not pay rent, violates a term of the lease contract, severely damages the property or lets the lease expire with no provisions for renewal.
  
  

The Facts

• A landlord may not evict a tenant without due notice. The specific requirements of the notice required of the landlord vary from one state to another, but no state allows a landlord to simply prevent a tenant from re-entering the property. In many cases, once the landlord serves the notice of eviction, the tenant has a certain number of days to correct the problem causing the eviction. This often means the tenant can pay back rent or cease to be in violation of other lease terms.
  
  

Misconceptions

• Being served an eviction notice is not the end of the process. The landlord must take the matter to court and prove to a judge that there is just cause for an eviction. The tenant has the right to be present for this, and if a tenant has reason to believe that the eviction proceedings are retaliation by the landlord because of legal action taken or requests made by the tenant, the tenant might consider a counter-claim.
  
  If the court rules in favor of the landlord and the eviction is granted, the landlord must utilize the services of local law enforcement to proceed with the removal of the tenant and the tenant’s property from the property. Due notice is provided for this step as well.
  
  

Costs

• The landlord must pay a fee to local law enforcement for the final step of the eviction process. For a tenant who wishes to fight an eviction, there is typically a cost inherent in hiring an attorney.
  
  

Caution

• Laws on eviction vary from one jurisdiction to another. An article by attorney Aaron Larson on ExpertLaw.com suggests that tenants facing an eviction contact a licensed attorney.