Eviction proceedings can be complex and emotional events for both landlords and tenants. Parties named in rental agreements often need help understanding how eviction processes work under the law. In this legal guide, we will explore the legalities of evictions, including eviction meaning, steps in the eviction process, eviction prevention, and the advantages and disadvantages of engaging in eviction lawsuits for landlords and tenants.
Whether you're a property owner needing to evict a renter or a tenant facing eviction, this guide has the information you need to understand the eviction process completely. So, let's get right to it.
The eviction process is a legal procedure that removes a tenant from a rental property. Once landlords have legal grounds to remove a renter from their property, they often retain an eviction lawyer to ensure that they are complying with the strict procedural steps necessary for repossessing the unit.
An eviction can be either "uncontested" (summary) or "contested” (judicial). An uncontested eviction requires no court appearance among parties and needs less paperwork to complete. Contested evictions obligate the landlord and tenant to plead their cases in court, where a judge makes a final decision on the matter.
The eviction process usually starts when renters:
Eviction (a.k.a. ouster or ejectment) is a legal process that can take weeks or months to resolve. It begins when a landlord properly serves a legal notice to a tenant explaining why the owner is seeking an ejectment. If the problem is repairable, the warning will give the tenant a statutory number of days to remedy the situation. The matter ends when the renter cures.
However, in cases where the tenant ignores the notice or does not remedy the situation, the landlord will retain an eviction attorney to file a Summons and Complaint with the courts, which officially begins legal proceedings.
Renters can either vacate the property or fight the action in eviction court after receiving the landlord’s Summons and Complaint. Tenants who choose to dispute the eviction process must follow their state’s procedural rules for responding to the lawsuit.
Tenants may voluntarily vacate the rental property at any time during the eviction process. The law considers this act "abandonment" and allows the landlord to seek a summary judgment to repossess the property immediately. Abandonment does not relieve tenants from paying damages to the landlord that may include past due rent and property repairs.
Now that we have a general understanding of eviction meaning, let’s examine the eviction process in greater detail.
Ejectment action starts with the landlord providing the tenant with a written notice that memorializes non-payment of rent or notifies the tenant to vacate per the terms of the lease agreement.
Three-Day Notice to Pay or QuitAdvises tenants to pay rent or remedy the situation in three days or face the eviction process.
30-Day Notice Terminating TenancyAdvises tenants to vacate the property in 30 days (because the lease is up or because of a violation of lease terms).
Tenants can remedy non-payment of rent issues by paying what they owe within three days. However, when renters ignore their 3-day notices or fail to move out after receiving a 30-day notice, their landlord’s eviction lawyer will file an Summons and Complaint (Unlawful Detainer action) in eviction court and eventually obtain a judgment (Writ of Execution) that orders the tenant to vacate.
When tenants ignore a summons or fail to respond to an eviction process complaint, landlords will win their case by default. The court will later issue them a summary judgment with a judicial order that allows them to retake possession of the property.
Renters can fight the eviction process by hiring an eviction attorney who can respond to the landlord’s Complaint. Here, the tenant will file an Answer, a Demurrer, or a Motion to Strike or Quash the lawsuit.
Tenant files defenses. The court then schedules an eviction hearing where both parties will argue their positions before a judge.
Demurrer or Motion to QuashTenant claims lawsuit is invalid due to error. The court then schedules a pretrial hearing to resolve procedural lapses made during the eviction process.
The eviction court has the final say about whether the tenant can stay in the rental unit. Renters who successfully win an eviction lawsuit may remain on the property until their lease ends, given that they pay their back rent within five days. However, if the tenant loses the case, a judge will issue an eviction order (Writ) to remove the tenant from the property.
Also known as a Writ of Execution, this document orders the tenant to leave the property. Tenants must move out by the date on the Writ or face forcible removal from the property by law enforcement.
A valid Writ directs the Sheriff’s Office to enforce and satisfy a court-ordered eviction. Law enforcement will duly serve the tenant a notice of eviction, which gives the renter a statutory period to voluntarily vacate the premise (usually six to eight days).