This is the process where a landlord can terminate the tenant’s stay at the rental property. This should be done following a formal court order. If the renter has been given notice of eviction but the renter does not move out, the landlord can forcibly remove the tenant from the property through law enforcement officials or the sheriff.
There are many reasons for eviction. But a typical eviction will take place as a result of the tenant violating lease agreements. Eviction reasons may include;
● Criminal or illegal activity on the rental property
● Hosting someone that's not authorized to be on the property
● Having pets against the lease agreements
● Failure to pay rent
What Is An Unlawful Detainer?
This is a legal means for the landlord to evict a tenant from their property. They are special processes that move quickly through the court system. Unlawful detainer cases often apply in the following cases;
● The landlord cancels the lease
● Unpaid rent
● The tenant does not leave even after the lease ends.
Th every initial steps towards filing for eviction is filing a petition or complaint with the local court and paying a small filing fee. The tenant is then served with court documents. In some states, the tenants are entitled to a jury trial where the jury determines whether the eviction still stands.
Notice Requirement and Court Filing
Alandlord is prohibited by law to forcibly evict a tenant unless they have issued them with the proper notice. A written notice must be provided to the tenant. If the tenant does not fix the problem within a reasonable time, the landlord can file a formal court eviction proceeding. This jump starts the eviction process. This is commonly referred to as unlawful detainer or forcible entry and detainer actions.
The theory is that the landlord alleges the tenant continues have possession and use of the rental property and is seeking the help of the court to have the tenant removed from the said property
Court Hearing
Once the required paperwork has been filed by the landlord, a court hearing date is set. The tenant is then required to files written answer or notice. If they do not file the answer, the landlord wins by default, without a hearing being set.
Get Educated About Eviction and Unlawful Detainer If you are faced with eviction, you need to reach out to our eviction attorneys at the Brian Kowal law firms and get a free consultation. If the case has already been taken to court, you will need experienced and trustworthy lawyers to handle your case and that is exactly what the attorneys at our firm will offer.
