Landlords must understand that each state has its own specific set of rules for tenant eviction. Read More…. Tenant eviction involves many legal details. You first have to properly serve the correct notice and give the tenant time to respond. If they do not, then a case has to be filed in court with an eviction notice and request a hearing.
If as a landlord you miss out on any details, the judge may rule the case in favor of the tenant and you have to start the process over again costing more time and money. If you do not follow the law and prepare yourself for the eviction proceedings correctly, your eviction can become very expensive quickly.
This usually means giving you adequate written notice, in a specified way and form. If you don't move after receiving proper notice or else reform your ways—for example, by paying the rent or finding a new home for the dog , the landlord can file a lawsuit to evict you. This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit. In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.
State laws contain detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to the tenant "served".
Landlords must follow state rules and procedures exactly. Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:.
Even if you have not violated the rental agreement and have not been late paying rent, a landlord can probably ask you to move out at any time assuming you don't have a fixed-term lease as long as the landlord gives you a long enough notice period.
A Day Notice to Vacate or a Day Notice to Vacate to terminate a tenancy can be used in most states when the landlord does not have a reason to end the tenancy. The length of the required notice might be slightly longer or shorter in some states. Many rent control cities go beyond state laws and require the landlord to prove a legally recognized reason for termination. These laws are known as "just cause eviction protection. Following receipt of a termination notice, if you haven't moved out or fixed the lease or rental agreement violation, the landlord must properly serve you with a summons and complaint for eviction in order to proceed with the eviction.
The court will set a date and time for a hearing or trial before a judge. Serving notice on a difficult tenant When you want to terminate a tenancy of a difficult tenant, you should only ever serve a notice by hand. Share Article:. Top tips on letting for first-time landlords. Top links Find your local Citizens Advice Volunteer with us Jobs in our network Press releases Our blogs Read what we're saying about a range of issues.
England This advice applies to England: England home Advice can vary depending on where you live. If you've got an eviction notice This advice applies to England Print. Check if your notice is valid Your landlord must send you the correct notice - the rules depend on your tenancy type.
If you're a secure tenant Your landlord must give you notice in writing. UK If you got your notice seeking possession on or after 1 October , your landlord should have given you at least 28 days' notice. If you're an introductory or demoted council tenant Your landlord must give you notice in writing. UK Check why you can be evicted with a section 8 notice. Coronavirus - if your landlord goes to court to evict you Your landlord has to follow coronavirus guidelines and rules if they want to evict you — check if your landlord has followed the rules.
You should talk to an adviser as soon as possible if: you get letters or paperwork from the court bailiffs try to evict you. Did this advice help? Yes No. Why wasn't this advice helpful? It isn't relevant to my situation. It doesn't have enough detail. I can't work out what I should do next. I don't understand. You've reached the character limit. Thank you, your feedback has been submitted. Page last reviewed: 28 February
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