FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Legal Services | |
|
(310) 788-9089
|
|
How Evictions Work: What Renters Need to Know
Landlords can't just lock you out, even if you are behind on rent. They must get a court judgment first.
Your landlord can't evict you without terminating the tenancy first. This usually means giving you adequate written notice, in a specified way and form. If you don't move after proper notice (or reform your ways -- for example, by paying the rent or finding a new home for the dog), the landlord can file a lawsuit to evict you. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.
State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to you ("served"). Landlords must follow state rules and procedures exactly.
Notice of Termination for Cause
Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:
- Pay Rent or Quit Notices are typically given to you when you have not paid the rent. These notices give you a few days (three to five in most states) to pay the rent or move out ("quit").
- Cure or Quit Notices are typically given to you if you violate a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct, or "cure," the violation.
- Unconditional Quit Notices are the harshest of all. They order you to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:
- repeatedly violated a significant lease or rental agreement clause
- been late with the rent on more than one occasion
- seriously damaged the premises, or
- engaged in serious illegal activity, such as drug dealing on the premises.
FAQs
- How does the tenant prove that the landlord's conduct was retaliatory?
- How does the landlord terminate the lease for cause?
- Does the landlord need a reason to terminate the lease at the expiration of the term?
- How does the landlord terminate the lease at the expiration of the term?
- Can the landlord take the tenant's possessions or physically throw the tenant out after the court allows eviction?
Landlords and the Law Forms
Helpful tools and forms available for purchase.A better way to find your attorney.
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.