Tips and Advice,

EVICTION, ITS PROCESS, AND ITS CAUSES

Eviction is also referred to as ejection or even displacement. This is the removal of a tenant from rental property by the landlord through legal means and under the law. Also, it may involve the removal of persons from premises that were foreclosed by a mortgage. If a tenant does not voluntarily leave, a landlord must win an eviction lawsuit before a judge.

Different countries have different ways and eviction processes, and they differ depending on specific laws. The most common one includes:

  1. Issuing a notice to the tenant and any others residing there as well, telling them to get out. Here the landlord has to provide a written notice to the tenant called a notice to vacate. If the termination is without cause the tenant is given a longer period of time, in some U.S. states, a month or more.
  2. Filling a lawsuit to evict the tenant. This is if the tenant fails to leave the premises. Most jurisdictions do not allow a landlord to evict a tenant without legal action first. The lawsuit allows the landlord to regain possession of the property along with other damages and unpaid rents.
  3. This is the final process of eviction: removal from the property. If the tenant remains after a judge orders him out, sheriff’s deputies physically remove him and his belongings. Here the landlord obtains a writ of possession and takes it to the rightful officer. Then the officer puts a notice to the tenant and everyone living there that the officer will remove them. The tenant is set for a certain duration within which he should vacate. Deputy evictions are done through legal actions such as changing locks, removing items from the premises etc. Laws allow landlords to evict tenants who have long-term leases only if one of these are conditions met:
  • Failure to pay rent
  • Violation of the terms of the lease agreement by the tenant
  • Excessive damage caused to the rental property by the tenant or persons under the tenant’s control

For more information, you can click on this linkhttps://expressevictions.com/california-eviction-notices/30-day-notice-to-vacate/.

Shown below is a picture showing a family evicted from the premises.

For one to be displaced from a rental property there must be just cause, which could include:

*Failure to pay rent or late payment after a written warning more than four times a year

*If there is a need for renovations, demolition or conversion to nonresidential use

*Violation of a legal requirement, such as the number of occupants per house

*Drug or health and safety related crimes are committed on the property or environs

*The owners family is moving into the unit and no adequate units are available.

*If there are tenants employees who are no longer employees thus have to move

*When the tenants who live there live with the owner

A landlord may not evict tenants with long-term leases for renovations, demolition or personal use. He may ask tenants to leave, but he cannot force them out until the lease expires. In a month-to-month rental agreement, a landlord may if he gives 30 days’ notice or more.

The eviction comes in different ways. The first includes giving time for the tenant to pay the rent. In this instance, the tenant is given some time to pay their debts. The second form comes as a warning. The landlord assesses fees against the tenant, according to the lease or rental agreement, if they are late with rent. The landlord may also include fees for any uncouth behaviors delineated in the lease.

The warnings come in different forms. Either verbal and written, use of notices posted on an obvious place and by certified mail, or a landowner sending a process server to deliver the papers.

The last form of eviction is the hard eviction where the tenant is forcefully evicted from the premises. In this form, the landowner must involve the authorities to maintain order for uncooperating tenants. Eviction is a very embarrassing situation. Therefore it’s advisable that every tenant should follow the rules and regulations in the lease or rental agreements. By doing so, it keeps everyone at peace with each other.

Eviction comes at a price, and those involved should make sure that the rights of each party are protected, whether the landlord or tenant. A tenant with a bad record of tenancy might have difficulties when finding another unit to rent, while landlords with a record of chasing away tenants might find themselves in a tough spot in finding tenants. For both, if they can afford lawyers, it is best to avoid one-on-one encounters.

In an instance where one can prevent eviction, it is always advisable to do so to avoid trouble.


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