Eviction Law

Eviction proceedings can be complex and emotional events for both landlords and tenants. Parties named in rental agreements often need help understanding how eviction processes work under the law. In this legal guide, we will explore the legalities of evictions, including eviction meaning, steps in the eviction process, eviction prevention, and the advantages and disadvantages of engaging in eviction lawsuits for landlords and tenants. 

Whether you're a property owner needing to evict a renter or a tenant facing eviction, this guide has the information you need to understand the eviction process completely. So, let's get right to it.

The eviction process is a legal procedure that removes a tenant from a rental property. Once landlords have legal grounds to remove a renter from their property, they often retain an eviction lawyer to ensure that they are complying with the strict procedural steps necessary for repossessing the unit.

An eviction can be either "uncontested" (summary) or "contested” (judicial). An uncontested eviction requires no court appearance among parties and needs less paperwork to complete. Contested evictions obligate the landlord and tenant to plead their cases in court, where a judge makes a final decision on the matter.

The eviction process usually starts when renters:

Eviction (a.k.a. ouster or ejectment) is a legal process that can take weeks or months to resolve. It begins when a landlord properly serves a legal notice to a tenant explaining why the owner is seeking an ejectment. If the problem is repairable, the warning will give the tenant a statutory number of days to remedy the situation. The matter ends when the renter cures.

However, in cases where the tenant ignores the notice or does not remedy the situation, the landlord will retain an eviction attorney to file a Summons and Complaint with the courts, which officially begins legal proceedings.

Renters can either vacate the property or fight the action in eviction court after receiving the landlord’s Summons and Complaint. Tenants who choose to dispute the eviction process must follow their state’s procedural rules for responding to the lawsuit.

Tenants may voluntarily vacate the rental property at any time during the eviction process. The law considers this act "abandonment" and allows the landlord to seek a summary judgment to repossess the property immediately. Abandonment does not relieve tenants from paying damages to the landlord that may include past due rent and property repairs.

Now that we have a general understanding of eviction meaning, let’s examine the eviction process in greater detail.

Ejectment action starts with the landlord providing the tenant with a written notice that memorializes non-payment of rent or notifies the tenant to vacate per the terms of the lease agreement.

Tenants can remedy non-payment of rent issues by paying what they owe within three days. However, when renters ignore their 3-day notices or fail to move out after receiving a 30-day notice, their landlord’s eviction lawyer will file an Summons and Complaint (Unlawful Detainer action) in eviction court and eventually obtain a judgment (Writ of Execution) that orders the tenant to vacate. 

When tenants ignore a summons or fail to respond to an eviction process complaint, landlords will win their case by default. The court will later issue them a summary judgment with a judicial order that allows them to retake possession of the property.

Renters can fight the eviction process by hiring an eviction attorney who can respond to the landlord’s Complaint. Here, the tenant will file an Answer, a Demurrer, or a Motion to Strike or Quash the lawsuit.

The eviction court has the final say about whether the tenant can stay in the rental unit. Renters who successfully win an eviction lawsuit may remain on the property until their lease ends, given that they pay their back rent within five days. However, if the tenant loses the case, a judge will issue an eviction order (Writ) to remove the tenant from the property.

Also known as a Writ of Execution, this document orders the tenant to leave the property. Tenants must move out by the date on the Writ or face forcible removal from the property by law enforcement.

A valid Writ directs the Sheriff’s Office to enforce and satisfy a court-ordered eviction. Law enforcement will duly serve the tenant a notice of eviction, which gives the renter a statutory period to voluntarily vacate the premise (usually six to eight days). 

With a valid Writ in hand, the Sheriff’s Office will forcibly enter the rental property and remove the tenant and any personal property inside when tenants refuse to vacate by the date on the eviction order.

In most states, the law obligates landlords to store a tenant's abandoned personal property. Tenants may reclaim their assets during the statutory storage period after reimbursing the landlord for reasonable storage fees. Landlords can sell or dispose of the tenant’s abandoned property after the statutory period ends (usually thirty days).

Landlords often hire credit-reporting collection agencies to recover their tenants’ past-due rent after an eviction. Another option to recover rent losses would be to file a breach of contract lawsuit against the evicted renter. 

The total time to evict a tenant from a rental property will depend on state rules and the specific circumstances of each case.

Evictions normally take a few weeks to several months to resolve. Most states have specific statutes defining time limitations and deadlines in the eviction process.

The information below examines eviction meanings and offers a GENERAL timeline of the eviction process:

Property owners and tenants must fully understand the legal requirements and procedural timelines noted above and in their jurisdiction to avoid complications or delays in the eviction process.

Remember that an eviction process begins with service of a 3-day or 30-day notice to vacate. These legal documents inform tenants of the landlord's intent to remove them from the property and compel renters to take affirmative action.

Consequently, landlords who fail to serve their tenants with a legal notice to vacate may end up fighting constructive eviction allegations in eviction court. Constructive evictions occur when property owners significantly interfere with the tenant's use and enjoyment of the rental unit. Changing the locks or shutting off utilities are typical constructive eviction acts.    

Property owners may also serve a notice to vacate before selling or renovating their rental properties. In any case, the legal notice always gives tenants time to remedy non-payment of rent or lease violations. It also offers renters sufficient time to leave the premises voluntarily.

Many benefits and drawbacks exist for parties involved in the eviction process. Let’s examine them from the viewpoints of the landlord, tenant, and community.

The advantages of eviction for landlords include removing non-paying or problematic tenants from the rental unit. Property owners further protect their incomes and find higher-paying tenants after evicting renters. 

However, the eviction process is time-consuming and costly. Landlordsrisk damaging their reputation and relationships with other tenants and the surrounding community after an eviction. Additionally, housing statutes are complex and vary by state, often requiring costly legal assistance to evict tenants properly.

Advantages of the eviction process for tenants are considerably limited. Renters who struggle with rent payments may be able to renegotiate payment terms with their landlord or may find a more affordable place to live. 

Contrarily, the disadvantages of tenant evictions are significant and include loss of shelter, damage to credit score, and difficulty finding new housing due to a tarnished rental history.

Societal advantages of eviction include the removal of disruptive tenants who create nuisances, which can improve the safety and livability of a community. 

However, the eviction process also contributes to homelessness and displacement, which can adversely affect individuals and society.

Overall, landlords should evict tenants as a last resort and do so with careful consideration of all parties involved.

As mentioned above, eviction timelines vary and depend on the laws of the state and city where the rental property rests. The time it takes for a landlord to oust a tenant may also depend on the answers to the questions below:

In general, the eviction process usually winds down within thirty days. Still, it can take several months to resolve, depending on the circumstances and the court's schedule.

Eviction prevention requires flexibility, meaning landlords should focus on negotiation and effective communication with their tenants to prevent paying the costs associated with the eviction process. 

Property owners should also retain an eviction attorney to help them draft clear, transparent lease agreements with reasonable terms. Landlords can further remind tenants about rent payments before they become due and offer payment plans to tenants who fall on difficult times.

Here, we learned that evictions are serious matters and have significant consequences for landlords and tenants. Understanding eviction meanings and how the process works under the law is crucial to ensure that each party’s rights are protected and that landlords execute evictions fairly.

Tenants should also learn the lease laws in their state and clearly understand what to expect after being served with an eviction notice. Landlords must follow state law and civil procedure regarding evictions to avoid facing costly legal problems later. Ultimately, landlords and tenants should communicate effectively during the eviction process and engage in eviction prevention solutions that support everyone involved.