Varying state laws govern eviction procedures, so tenants and landlords handle an eviction lawsuit by following the rules in the state where the condominium is located, according to Nolo. Tenants dispute an eviction by proving to the court that the landlord didn't adhere to the required legal steps, or that the eviction is unwarranted. Landlords handle an eviction by showing the court the proper paperwork, and proving that the action is legally justified.Continue Reading
A tenant can handle an eviction by proving to the court that a landlord didn't properly serve a notice of termination, didn't allow enough time after giving notice, or initiated an eviction for reasons not allowed by law, explains Nolo. A landlord cannot file an eviction lawsuit without first serving one of three types of written termination notice. When a landlord uses the wrong form, or fails to serve notice correctly, a tenant cannot be evicted. After a notice is served, state laws gives tenants specific time periods to address any curable issues before an eviction can proceed. Landlords may not initiate an eviction in retaliation for a tenant's behavior, and courts generally determine that landlords who don't maintain the property cannot evict a tenant.
A landlord must serve the correct type of written notice, and give a tenant the opportunity to correct lease violations, states Nolo. Depending on state laws, a landlord may attempt to evict a tenant for no particular reason; in areas with rent control statutes, courts do not allow this. After a landlord follows the proper steps and files an eviction lawsuit, a court renders judgment. If the court finds for the landlord, the judgment is given to a law enforcement officer, who delivers it to the tenant.Learn more about Law