Tenant Law Eviction Clause
This article will quickly introduce a tenant to a tenant law eviction clause. An eviction is often the last step or remedy that is sought in a deteriorating landlord tenant relationship although it is inevitable in certain circumstances, particularly in a tough economy such as this. There are a lot of misconceptions about the tenant law eviction clause and this article will try to clear up some of those doubts by offering a step by step explanation of the tenant law eviction clause.
First stage of eviction – Notice to Quit - tenant law eviction clause – In this preliminary stage of the tenant law eviction clause, the landlord will issue a notice to evict or a notice to quit to the tenant. This is not an eviction order in itself although it is intimation to the tenant that eviction proceedings are going to begun against them. This initial notice in the tenant law eviction clause will have to be either hand served or served through certified mail. This tenant law eviction clause notice will have to inform the tenant of the reasons why they are being asked to vacate the rental premises and it also must offer reasonable instructions to the tenant about how they could possibly take steps or measures to stop the eviction process. A tenant can voluntarily leave during this stage of the tenant law eviction clause as it might help them avoid a permanent eviction record from being marked on their tenancy history.
Second stage of eviction – Eviction case in court - tenant law eviction clause – This stage of the tenant law eviction clause is also sometimes referred to as a filing for an unlawful detainer. In this stage of the tenant law eviction clause, the landlord will file a case with the court of law that the tenant has broken the terms of a lease in a certain manner and that he or she should be evicted from the rental premises. The court will set a hearing date and the tenant will be intimated of the hearing date. On the day of the hearing, the tenant will have an opportunity to contest the tenant law eviction case in court, by representing themselves or by seeking the services of a real estate attorney.
Third stage of eviction – Court ruling – tenant law eviction clause – The last stage of the tenant law eviction case is when the judge presiding over the eviction case makes a decision on the case. If the judge rules in favor of the landlord, the sheriff’s department will serve the tenant with an eviction notice that will require them to leave on their own or risk being thrown out rather unceremoniously. If the tenant wins this stage of the tenant law eviction case in court, he or she shall be reinstated into the rental property and necessary action will be taken against the landlord. For example, if the tenant refused to pay rent because the landlord had not carried out repairs, the judge will reject any eviction proceedings that might have begun by the landlord and order the landlord to carry out the repairs immediately or be liable for damages that will have to be paid to the tenant.