Information about Eviction
Colloquially, the word eviction refers to the removal of a tenant from rental property by the landlord. In legal terms, it is also known as unlawful detainer, summary possession, forcible detainer, ejectment, or repossession, depending on the laws of the jurisdiction. Nevertheless, due to this colloquialism, the process is routinely referred to as eviction in communications between the landlord and tenant.
Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be born in mind that "eviction," as with "ejectment" and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdictions. In present-day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction. One should not assume that all aspects of the discussions below will necessarily apply even in all states or other common law jurisdictions.
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There are two types of evictions, termination for cause and termination without cause.
If a tenancy is being terminated for cause, the landlord must give the tenant notice, commonly called a notice to quit or notice to vacate. The tenant has a short amount of time (usually 3 to 5 days) to correct the error. The most commonly causes are nonpayment of rent or a breach of the lease (such as keeping a pet when pets are not allowed). In some cases, a landlord may post an unconditional quit notice, meaning the tenant can do nothing to correct the error. These are reserved for extreme cases such as failure to pay rent for multiple months or the apartment being used for criminal activity.
A tenancy can be terminated without cause if there is no lease or the lease is expiring, although further advance notice must be given (generally 1 to 3 months). In some areas, just cause eviction controls exist, making this type of eviction more difficult or illegal. Rent control ordinances or statutes may also affect a landlord's ability to terminate tenancy without cause. Also, if the housing is subsidized by a housing program of the federal government, federal laws and regulations will also apply.
In most places, the guidelines for evictions due to non-payment of rent are different from those forced as a result of other causes, such as breach of lease. When the reason for eviction is due to causes other than rent, many places have laws requiring the tenant to be given a specified amount of time before moving, which may be, for example, 30 days following all court procedings. But in the case of unpaid rent, eviction may occur within a few weeks following the due date for the rent. The exact amount of time is contingent upon the jurisdiction's guidelines and the load of cases in the jurisdiction's court system.
When the answer is filed, a trial date is set. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). If the judge sides with the tenant, the tenant remains in possession of the property, although any back rent due must still be paid. If the landlord wins, the tenant has a small window of time to move before the eviction takes place, generally less than a week, although the tenant can ask for a stay of execution if they need more time.
If the tenant continually fails to pays rent, resulting in the repeated filing of complaints by the landlord, the landlord may file for no right to redemption. This means that following an eviction trial, the case against the tenant will stand, and the tenant cannot remain in the property by payment of rent. The number of trials required before a landlord can make such a filing varies by jurisdiction.
Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
..... Click the link for more information.
Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
..... Click the link for more information.
A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant.
..... Click the link for more information.
A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant.
..... Click the link for more information.
..... Click the link for more information.
Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be born in mind that "eviction," as with "ejectment" and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdictions. In present-day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction. One should not assume that all aspects of the discussions below will necessarily apply even in all states or other common law jurisdictions.
The Eviction Process
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Flow Diagram of the Eviction Process in British Columbia, Canada
Please also see Wikipedia:Legal disclaimer
Notice
Remember that the procedures for evictions are established by State law and they vary from state to state, and can even vary within a single State, in different Cities or Counties. The following are general rules only.There are two types of evictions, termination for cause and termination without cause.
If a tenancy is being terminated for cause, the landlord must give the tenant notice, commonly called a notice to quit or notice to vacate. The tenant has a short amount of time (usually 3 to 5 days) to correct the error. The most commonly causes are nonpayment of rent or a breach of the lease (such as keeping a pet when pets are not allowed). In some cases, a landlord may post an unconditional quit notice, meaning the tenant can do nothing to correct the error. These are reserved for extreme cases such as failure to pay rent for multiple months or the apartment being used for criminal activity.
A tenancy can be terminated without cause if there is no lease or the lease is expiring, although further advance notice must be given (generally 1 to 3 months). In some areas, just cause eviction controls exist, making this type of eviction more difficult or illegal. Rent control ordinances or statutes may also affect a landlord's ability to terminate tenancy without cause. Also, if the housing is subsidized by a housing program of the federal government, federal laws and regulations will also apply.
In most places, the guidelines for evictions due to non-payment of rent are different from those forced as a result of other causes, such as breach of lease. When the reason for eviction is due to causes other than rent, many places have laws requiring the tenant to be given a specified amount of time before moving, which may be, for example, 30 days following all court procedings. But in the case of unpaid rent, eviction may occur within a few weeks following the due date for the rent. The exact amount of time is contingent upon the jurisdiction's guidelines and the load of cases in the jurisdiction's court system.
Summons and trial
If the tenant remains in possession of the property after the notice to quit has expired, the landlord then serves the tenant with a complaint. This requires the tenant to appear in court. If the tenant does not file an answer or appear in court, the landlord can then file for a default judgment and wins automatically. In the tenant's answer, they may state their side of the story, and provide affirmative defenses, such as the landlord not making required repairs or the tenant not being given proper notice.When the answer is filed, a trial date is set. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). If the judge sides with the tenant, the tenant remains in possession of the property, although any back rent due must still be paid. If the landlord wins, the tenant has a small window of time to move before the eviction takes place, generally less than a week, although the tenant can ask for a stay of execution if they need more time.
Right to Redemption
In most juridictions, a tenant who has failed to pay rent is granted a right to redemption, unless otherwise specified in court documents. Right to Redemption means that the tenant may cancel the eviction and remain in the rented property by payment the full amount of rent due plus all other fees owed to the landlord allowable under the law.If the tenant continually fails to pays rent, resulting in the repeated filing of complaints by the landlord, the landlord may file for no right to redemption. This means that following an eviction trial, the case against the tenant will stand, and the tenant cannot remain in the property by payment of rent. The number of trials required before a landlord can make such a filing varies by jurisdiction.
Removal from the property
The landlord obtains a writ of possession from the court and presents it to a law enforcement officer. The officer posts a notice for the tenant that the officer will return to remove the tenant from the property on a certain day. On that day, the officer may physically remove the tenant and any other people on the property if they are still there. Any possessions of the tenant still on the property may be put in storage for the tenant, or considered abandoned, depending on local laws. The property is then turned over to the landlord.Self-help evictions
In most jurisdictions, an eviction may only take place under the auspices of a law enforcement officer or a representative of the law as defined by the jurisdiction's laws. It is illegal in most places for the landlord to attempt to force the tenant off the property themselves, or to force them to move in other ways, such as shutting off heat or utilities, or changing locks. A tenant facing such measures may sue the landlord or file a counterclaim against an existing eviction proceeding.See also
External links
- Nolo - Landlords and Property Management
- Tenant's Rights in eviction (CT)
- California Eviction process flowchart
- New York State housing rights guide
- Housing information , including the workings of landlord-tenant law and eviction for many countries worldwide
worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
Please [ improve this article] or discuss the issue on the talk page.
Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
..... Click the link for more information.
worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
Please [ improve this article] or discuss the issue on the talk page.
Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
..... Click the link for more information.
Not to be confused with Landlord (beer).
A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant.
..... Click the link for more information.
jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
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Not to be confused with Landlord (beer).
A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant.
..... Click the link for more information.
lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. One or more defendants are required to respond to the plaintiff's complaint.
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Ejectment in the common law term for civil action to recover the possession of and title to land. It replaced the old Real Actions as well as the various possessory assizes.
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In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
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Rent may refer to:
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- Renting, a system of payment for the temporary use of something owned by someone else
- Economic rent, in economics, a payment to a factor of production in excess of that which is needed to keep it employed in its current use
- Rent
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- P.E.T. redirects here
- Politiets Efterretningstjeneste, the Danish Security Intelligence Service
- Pierre Elliot Trudeau, a Canadian Prime Minister
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The word crime comes from the Latin crimen (genitive criminis), from the Latin root cernō and Greek κρινω = "I judge". Originally it meant "charge (in law), guilt, accusation.
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Rent control refers to laws or ordinances that set price controls on the renting of residential housing. It functions as a price ceiling.
In the United States during World War I, rents were "controlled" through the efforts of local rent anti-profiteering committees and
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In the United States during World War I, rents were "controlled" through the efforts of local rent anti-profiteering committees and
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summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.
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Judicial summons
A judicial summons is addressed to a defendant in a legal proceeding...... Click the link for more information.
In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. Under common law, a complaint is a formal legal document that sets out the basic facts and legal reasons (see: cause of action) that the filing party (the
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answer (derived from and, against, and the same root as swear) was originally a solemn assertion in opposition to some one or something, and thus generally any counter-statement or defence, a reply to a question or objection, or a correct solution of a problem.
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Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court.
In a civil trial involving damages, a default judgment will enter the amount of damages pled in the original complaint.
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In a civil trial involving damages, a default judgment will enter the amount of damages pled in the original complaint.
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Criminal law
Part of the common law series
Elements of crimes
Actus reus · Causation · Concurrence
Mens rea · Intention (general)
Intention in English law · Recklessness
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Part of the common law series
Elements of crimes
Actus reus · Causation · Concurrence
Mens rea · Intention (general)
Intention in English law · Recklessness
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trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
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A stay of execution is a court order to temporarily suspend the execution of a court judgement. In cases where the death penalty has been imposed, a stay of execution may be sought to defer the execution of the convicted person.
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In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this public body is normally a court. Warrants, prerogative writs, and subpoenas are types of writs, but there are many others.
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A police officer (or policeman/policewoman) is a warranted worker of a police force. The responsibilities of a police officer are to maintain public order, prevent and detect crime and apprehend offenders, using force when necessary.
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abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length.
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A police officer (or policeman/policewoman) is a warranted worker of a police force. The responsibilities of a police officer are to maintain public order, prevent and detect crime and apprehend offenders, using force when necessary.
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A public utility (usually just utility in British English) is a company that maintains the infrastructure for a public service (often also providing a service using that infrastructure).
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A Counterclaim is made by the defendant to a civil proceeding, in a main actions against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it
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Ejectment in the common law term for civil action to recover the possession of and title to land. It replaced the old Real Actions as well as the various possessory assizes.
..... Click the link for more information.
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lease or tenancy is the right to use or occupy personal property or real property given by a to another person (usually called the or tenant) for a fixed or indefinite period of time, whereby the lessee obtains exclusive possession of the property in return for paying the
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Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, and abandoned property
Alienation · Bailment · License
Estates in land
..... Click the link for more information.
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, and abandoned property
Alienation · Bailment · License
Estates in land
..... Click the link for more information.
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