In real estate law, eviction refers to the legal process of removing a tenant or occupant from a rental property. This action is typically taken when the tenant fails to comply with the lease agreement’s terms. It can be not paying rent, property damage, illegal activities, or failure to comply with the applicable laws and regulations governing the rental relationship.
The eviction process, which respects the tenant’s rights, begins with a written notice from the landlord to the tenant. This notice can be a ‘Pay or Quit’ notice, which gives the tenant a specific time to pay the rent or vacate the premises, or a ‘Cure or Quit’ notice, which gives the tenant a specific time to remedy a violation of the lease terms. Depending on the jurisdiction and the nature of the violation, the tenant may be given a specific time to remedy the situation or vacate the premises.
If the tenant fails to comply with such a notice, it is the landlord’s right and responsibility to initiate legal proceedings by filing an eviction lawsuit in court. This crucial step involves court hearings, presentation of evidence, and ultimately, a court order granting the landlord the right to evict the tenant if the case is ruled in their favor.
Evictions can be carried out by law enforcement officials, who physically remove the tenant and their belongings from the rental property. This process is typically done with a court order and the tenant is given a specific time to vacate the premises. In some cases, the landlord may also be entitled to seek compensation for unpaid rent, damages, or other expenses incurred due to the tenant’s violation.