4 Useful Eviction Laws to Know

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Eviction laws vary from state to state and can even be different within a state. Nevertheless, there are several general guidelines that apply to eviction that are helpful in knowing with respect to the process.

# 1 – Written Notice is Required in Order to Evict

Typically, to begin the eviction process, a landlord must send an eviction notice or letter to the tenant. Known as a Notice to Quit or Notice to Vacate, the eviction letter is a written warning that gives the tenant 30 to 90 days to either pay the rent that is due or correct the violation of the rental contract.

#2 – The Eviction Letter – Necessary Information

The eviction letter, or Notice to Vacate, must contain certain information in order to be considered legally valid. Therefore, the document must include the reason for the eviction; the referenced paragraph in the rental agreement noting the reason; the amount of the rent, late fees and any ancillary charges (in the case of non-payment); and the deadline for mending the broken terms of the lease.

#3 – Claims for Wrongful Eviction Should be Filed Immediately

In most states, the tenant has a small amount of time in which to act if he feels he’s been wrongfully evicted. The statute of limitations for such claims is one year or less, so you must act quickly if you feel you’ve been wronged in this regard. Claims for wrongful eviction can be filed if eviction resulted from any of the following—for instance, the landlord has turned off the utilities or changed the locks of a unit in response to the late payment of rent; ignored repairs that affected the tenant’s health and well-being; disregarded requests to repair the property to make it more livable; entered the rental property without the tenant’s consent, or evicted a tenant in retaliation against complaints made by the tenant about the property’s condition.

To substantiate a Wrongful Eviction Claim, a tenant should document all correspondence between himself and his landlord as well as record dates and conversations that are pertinent to the claim.

#4 – Legal Grounds for Eviction

The landlord always has legal grounds to evict a tenant for non-payment of rent. In order to facilitate the process, the landlord must present the tenant, as stated, with an eviction letter and give a specific deadline for payment. If the tenant attempts to make payment after the stated deadline, the landlord has a right to refuse the remittance and evict the tenant. Also, other lease violations are grounds for eviction, such as keeping a pet in an apartment where pets aren’t allowed.

Again, the landlord must notify the tenant in writing that he has a certain length of time to correct the problem in order to avoid eviction. Landlords can also evict tenants for conducting illegal activities within or on the premises of their property.

Eviction laws, as indicated, follow the mandates of state law and therefore can differ from one jurisdiction to another. Therefore, it’s important to read your rental agreement and review the laws in your particular state.

6 Responses to “4 Useful Eviction Laws to Know”

  1. December 30, 2010 at 5:40 pm, scaredinDallas2010 said:

    You guys have been very helpful with these links on evictions and laws. More so than any other place I have gone to in person or researched on the www
    I left a post about my situation on this site (Monterra (formerly Casa Nueva) now Spanish Hills?)so I won’t make this lengthy as well.
    The information listed with regard to evictions/laws has made me feel not quite so vulnerable. Thank you. That’s really all I needed to say.

    Reply

  2. October 09, 2012 at 7:54 pm, Werner Kolbl said:

    I have been in my apartment for twenty months and have never been late. My check came back NSF. Today is the 9th. My rent is due by thye 4th. In the letter It stated that all monies due must be paid by tomorrow. I recieved the letter when I arrived home at 8:04pm. The lanlord stated that if I don’t pay rent plus $130.00 in late fees and $30.00For their bank fee. I am happy to pay. However I have never been late before and they’re threatening that they will process eviction if not paid by close on Wed 10/10/2012. Do they have legal right to evict since I am only four days late and this is the first time i’ve ever been late? I feel that I recieved less that 24 hous notice per their demands. Please let me know asap. Sincerely Werner Kolbl.————[email protected]

    Reply

  3. January 29, 2013 at 2:59 pm, anita said:

    hi i got a eviction because i was being bitten by bedbugs actually my entire floor of my bldg i complained and the city came in so we went to court.the judge said it was crazy because i wasnt there for owing any rent. and because they didnt renew my lease i had to move but why now i cant find another place because they see’s this eviction on my record how can i fight this?

    Reply

  4. April 08, 2013 at 2:19 pm, Joseph B said:

    My apartment leasing manager was moving in next door to me and there was a car parked to close to the stair case to move her stuff in so she called the tow truck to pull it back on a Sunday when she was not on duty … But since the car wasn’t illegally parked so it couldn’t be towed away.. Before that my parents came to visit and there was only one parking spot in the lot because her uhaul was blocking the only other parking spots so my parents had to park there but a car was half way in the spot so they were forced to park on the line of the next spot … When she realized she couldn’t have the first car towed because it wasn’t illegally parked she decide to have my parents car towed and she had just talked to them and saw them come to my apartment but didn’t come tell us before towing it … Then once we realized my dad was upset the car was towed and said do I have to stand by my car with a gun to keep it from getting stolen… The leasing manager is calling that threat which it wasn’t he was talking to me and she just happened to be walking by … So now they’re telling me I have 3 days to move out because my lease says I am responsible for my guests words and actions… What do I do?

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  5. October 26, 2016 at 10:46 am, brintee said:

    my old land lard did it all wrong I paid the month before than he gave me a five day what to do

    Reply

  6. February 03, 2020 at 4:00 am, Lynn said:

    I was evicted from my house and I don't have any idea what I did my friend wasn't even in her casket yet before they Thur my things in the yard and I did not even get all of it

    Reply

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