The rules of eviction differ depending on state regulations, common law and lease agreements, according to the Legal Information Institute at Cornell Law School. Local court rules may also play a determining role in the eviction process.Continue Reading
There are three basic reasons why a landlord may choose to evict a tenant, the most common being nonpayment of rent, states the Legal Information Institute at Cornell Law School. Landlords may also evict for violations or expiration of the lease agreement. A landlord has the right to choose not to renew a lease agreement without offering cause or reason, but may not refuse to renew for improper reasons as defined by law.
Landlords must start the process of eviction by serving the tenant with a notice to quit. The notice must provide a reason for the eviction and an explanation of what the tenant can do to avoid being evicted, explains the Legal Information Institute at Cornell Law School. The delivery method of the notice differs, with some jurisdictions allowing it to be left at the tenant's door, and others requiring a more formal delivery. If after a couple of days the tenant has not agreed to comply or leave voluntarily, the landlord must get a court order. Most jurisdictions have a housing court to help expedite the process within a couple of weeks, but the process can sometimes take months.
The eviction process can be expensive for both tenants and landlords, states the Legal Information Institute at Cornell Law School. A landlord may have to pay fees for the court, a process server, an attorney and a member of law enforcement to actually evict the tenant.Learn more about Law