Tenant Eviction: What You Should Know as a Renter

by Vincent Davis on July 15, 2013

You should know that, under eviction law, your landlord cannot simply kick you out of your apartment or other space that you’re renting, even if you are behind on rent. In almost all situations, a landlord must obtain a court judgment before evicting a tenant.
In order to evict you from your rental lease, your landlord must first give you adequate notice, normally in writing, that must conform to certain formalities. At this point, you have a few options.
First, you can act according to the eviction notice and move out. On the other hand, you can fix whatever defect your landlord has complained about (smoking, pets, late rent etc.) and see if your landlord still wishes to go through with the tenant eviction procedures. Your last choice is to not do anything and continue to live in your apartment. If you choose this last option, your landlord will have to file a lawsuit against you, normally called an unlawful detainer suit, to keep the eviction procedure moving forward. To win this lawsuit, your landlord must prove that you did something in violation of the lease agreement that justifies ending the rental agreement.
Each state has a different standard when it comes to tenant eviction, and there are often many strict procedures that must be followed before a landlord can lawfully evict a tenant. These laws may require a landlord to submit multiple eviction notices or follow other standards. Whatever the case, your landlord must follow the state laws and procedures to the letter in order to lawfully evict you.

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