A tenant who is facing eviction can gather evidence to use in court for potential defenses such as illegal behavior by the landlord and inhabitable conditions of the property, according to Nolo. Landlords must provide written notice of eviction and file a lawsuit to legally remove tenants.Continue Reading
Although eviction laws vary by state, in most cases the landlord initiates the eviction by providing a notice to vacate to the tenant, according to Nolo. The termination notice may include a pay rent or quit notice when rent is past due, a cure or quit notice if the tenant has violated terms of the lease or an unconditional quit notice which does not allow the tenant to correct violations. Some states allow landlords to terminate without cause, although a 30- or 60-day notice to vacate is often required.
If tenants do not rectify lease agreement violations of provide rental payments, the landlord can file an eviction lawsuit and serve the tenant with a summons to appear in court, according to Nolo. If a judge determines that the tenant must vacate, often citing payment for damages or court costs, the tenant has a stipulated time period to move. A sheriff's escort may be ordered to remove belongings if the tenant has not vacated the premises.Learn more about Home Maintenance