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What are the most common reasons for eviction? The most common reason for eviction is non-payment of rent. Second to that is violating the lease or rental agreement (such as keeping a pet despite a no-pet clause or having a roommate that’s not on the lease) or causing or allowing a condition that endangers health and safety.
What needs to happen legally for an eviction to take place? Prior to evicting a tenant, the Landlord must first terminate the lease. The type of termination notice a landlord must serve depends on the situation (non-payment of rent or other charges, breach of rules and regulations, etc.), and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”).
When is it within a landlord’s right to evict? A judge or magistrate will determine if the Landlord, in fact, has a right to evict. The burden of proof lies on the Landlord to show that a breach of contract has occurred.
How does this change state by state? Each state has varying notice periods (period of grace in which a landlord must provide to tenants to allow tenants a right to cure the violation). In addition, each state has varying standards with regard to how the physical eviction, usually accompanied by an official/deputy, will take place.
Are there any legal alternatives to eviction (ie. when there’s a serious problem and something has to change)? If a landlord and tenant agree to a resolution/cure that benefits both parties, this agreement can be a legal alternative. In many cases this is called a Mutual Termination of Tenancy, in which the tenant agrees to move out and the landlord agrees to accept possession of the unit in lieu of filing a formal eviction.
What’s involved in an eviction (process wise)? How does a landlord start the process? The landlord starts the eviction process by posting or serving legal notice to the tenant using state specific guidelines (post on door, send via certified mail or using a process server, for example). If the tenant does not cure the breach within the specified timeline on the notice, the landlord will file for a judgement of possession, usually using the services of a local attorney familiar with local laws.
How can you get a tenant out while still respecting their needs? What action can landlords take or what resources can they point tenants to? It is important to consider the needs of the tenants and treat them with dignity and respect. While each tenant must be treated with the same rights and process must be consistent, they all have a very different story, and quite frequently are experiencing financial hardship. In cases in which a financial hardship is present, connect the tenant with local resources that might be able to assist with full or partial rent payment, moving expenses, legal fees, etc. For domestic violence, suicide or other similar crisis, you can refer the tenant to local programs in which might be able to assist as well.
What’s a typical eviction timeline? How much time should landlords give tenants (ethically and legally speaking)? Tenants should always be given a timeframe equal to or greater than the right to cure timeline in their respective state. A typical eviction timeline varies depending on caseload for the attorneys, judges or magistrates, court staff, deputies/constables involved. It can vary anywhere from fifteen to 90 days to perform a full eviction from start to finish, sometimes longer depending on the factors above.
Should landlords consider working with a lawyer on certain evictions? Yes. Legal advice is recommended for all real estate related legal transactions or duties.
Any final bit of advice for a landlord who’s trying to evict a tenant? Listen, learn and empathize. Knowing a tenant’s story can change the potential course of action. Make sure to know your local laws and regulations and the Realtor code of ethics and follow these precisely. When possible, direct your tenant to local assistance, whether financial or another cause for their hardship. Consult local, licensed legal advice whenever possible.
