What Are a Landlord’s Rights for Eviction From a Rental Property?

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A landlord’s rights for eviction from a rental property include being able to evict a tenant for not paying rent, violating the terms of the lease, damaging the property and engaging in illegal activity, according to Nolo. Eviction laws and procedures differ from state to state.

To begin an eviction lawsuit, the landlord must first legally terminate the tenancy. When the landlord gives the tenant written notice to vacate the property, the landlord must adhere to the state’s termination statute. Only when the tenant doesn’t make amends or move is the landlord allowed to file an eviction lawsuit.

Whenever a tenant is on a month-to-month tenancy and hasn’t done anything wrong, the landlord is legally allowed to use a 30- or 60-day notice to vacate. This option usually is not allowed in a majority of rent-controlled cities. Instead, landlords are required to provide a legally permitted reason for evicting the tenant.

A landlord who receives a judgment for possession of the property and for unpaid rent must give the judgment to a local marshal or sheriff to be carried out. The local law enforcement officer then informs the tenant of how long he has until he can be legally forced from the premises if he hasn’t left of his own will.