Tenant Eviction – Basic Steps in an Eviction Process
The law in the United States of America is very clear on eviction proceedings. It clearly states that landlords cannot indulge in a tenant eviction process without first approaching the courts. Despite this fact, it is quite amazing to see several landlords taking the tenant eviction process into their own hands. The most common type of a abused tenant eviction process is when the landlord changes the locks to an apartment and leaves the tenants stranded, with nowhere to go. Another common type of abuse of the tenant eviction process is when the landlords shut off vital utilities such as heat in an effort to force the tenants out of an apartment.
Common reasons for abuse of the tenant eviction process – tenant eviction – Landlords often indulge in illegal tenant eviction processes for various reasons. The most common reason is nonpayment for rent. Although a landlord might feel justified in carrying out a tenant eviction process against nonpaying tenants, they have to understand that they will have to approach the courts even if it is the tenants who are clearly guilty. In some cases, the landlords might try to carry out a tenant eviction process against tenants who might have complained against them. For example, a tenant might have raised issues about maintenance and the landlord may retaliate with vengeful act of an illegal eviction to get rid of the complaining tenant. So, there are many reasons why a landlord will try to pursue an illegal tenant eviction process although the bottom line is that an eviction can only be authorized by the court system and not by the landlords themselves.
Correct eviction procedures – tenant eviction – The state tenancy laws will first require landlords to notify tenants that they are going to be evicted. Typically, the landlords will have to deliver a letter or notice to evict to the tenant saying that they are going to be evicted for a particular reason. According to tenant eviction laws, the landlords will have to wait for a few days after serving this notice before they can file a petition for unlawful detainer in court. An unlawful detainer lawsuit is nothing but the formal name for a tenant eviction case in court. Most courts in the U.S. recognize eviction cases as criminal proceedings and it will thus move quickly through the courts. When a tenant eviction case is in court, both the tenants and landlords will have a chance to provide evidence in front of a judge who will then make a decision on the case.
Outcome of eviction proceedings – tenant eviction- If the judge rules in favor of the landlord in the tenant eviction case, the court will issue a formal notice of eviction to the tenant who will be required to move out. If the tenant still does not cooperate, a sheriff’s department will be authorized to use force to remove the tenant. If the tenant wins the tenant eviction case, the judge will authorize the tenant to move back into the apartment and sign up for a new lease or continue on an existing lease that might have been in place before.