As a landlord, sometimes you have no choice but to evict a tenant. Giving your tenant an Eviction Notice more formally known as Notice to Vacate in Texas is the. Perfect for dorm and housemates, as well as landlords. This free roommate rental agreement template has all the essential details to do everything legally. Eviction Wikipedia. RIC and Hussars at an eviction Ireland 1. Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee often, the prior owners who defaulted on a mortgage. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that eviction, as with ejectment and certain other related terms, has precise meanings only in certain historical contexts e. Stickmuster Download Google. English common law of past centuries, or with respect to specific jurisdictions. A notice to vacate is a formal letter used by a tenant or landlord indicating that a house or apartment is about to be vacant. How To Enable Drivers In Windows 10. This document is often used by a tenant. When a residential tenancy ends and after a tenant gives the landlord their forwarding address in writing, the landlord must return all of the deposits plus any. When you need to evict a tenant, the first step in the process is to issue an Eviction Notice. Also referred to as a Notice to Vacate Letter, Notice to Quit, Eviction. In present day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction. One should not assume that all aspects of the discussions below will necessarily apply even in all states or other common law jurisdictions. The eviction processeditThough the procedures for evictions differ depending on the specific laws of various jurisdictions, the general process consists of 1 giving notice to the tenant and any other person residing there as well to take prompt action to either correct the problem or otherwise leave the premises or, in some cases, unconditionally leave the premises, 2 if the tenant fails to leave the premises, filing a lawsuit to evict the tenant and regain possession of the property along with amounts owed for damages, unpaid rent, andor court costs and attorneys fees and appearing in court, and 3 if the tenant still remains in the premises, forcibly removing the tenant from them via legal action. Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so commonly referred to as a self help eviction such actions include changing locks, removing items from the premises, or terminating utility services. Such evictions are generally illegal at any time during the process including after a landlord wins an eviction suit a tenant facing such measures may sue the landlord. However, self help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants. Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant commonly called a notice to quit or notice to vacate. A landlord may evict a tenant without cause i. Giving A Tenant Notice Template' title='Giving A Tenant Notice Template' />The notice to vacate may either be conditional i. If the termination is without cause, the tenant is generally given a longer period of time generally 3. In some jurisdictions, landlords may not be able to terminate a lease without cause such as in rent control jurisdictions. Tenancy-Notice-to-the-Landlord-Template.jpg' alt='Giving A Tenant Notice Template' title='Giving A Tenant Notice Template' />Where the law permits, a landlord and tenant may agree to a different period of time for notice requirements than specified in the law. Lawsuit and trialeditIf the tenant remains in possession of the property after the notice to vacate has expired, the landlord would then serve the tenant with a lawsuit. Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time sensitive the landlord loses rental income while the tenant remains in possession. A jury trial may be requested by either party, however until the late 2. If the tenant does not file an answer or appear in court, the landlord can then request a default judgment and win the lawsuit automatically, being awarded possession of the property, rent in arrears, court costs, and other costs where allowed by law such as attorneys fees or reimbursement for other costs incurred by the tenant such as to repair property damage or unpaid utilities. By filing an answer or appearing in court, the tenant may state his or her side of the story, and provide affirmative defenses, such as the landlord not giving proper notice to vacate or that rent was paid. If the judge or jury sides with the tenant, the tenant remains in possession of the property, but the judge or jury may still order any past due rent to be paid, plus any fees and costs. If the landlord wins, the tenant must then move within a specified time, generally less than a week, although the tenant can ask for a stay of execution or appeal the verdict. In some jurisdictions where a tenant has failed to pay rent, the law may allow the tenant a right to redemption, which means that the tenant may avoid eviction and remain in the property by paying the full amount of rent due, plus all other fees owed to the landlord as awarded by the court, by a specified date. Removal from the propertyeditAs mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first, even if the landlord is successful in court. Instead, the landlord would have to obtain a writ of possession from the court and present it to the appropriate law enforcement officer. The officer then posts a notice for the tenant on the property that the officer will return on a specified day to remove the tenant from the property if the tenant has not moved. On that day, if necessary, the officer may physically remove the tenant and any other people on the property though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place. Any possessions of the tenant still on the property may be turned over to the tenant, put in storage for the tenant, placed outside the property, seized and sold under a writ of garnishment which the landlord would also be required to obtain, though certain items such as personal effects are generally exempt by law from forced sale andor considered abandoned, depending on local laws. Offline Role Playing Game'>Offline Role Playing Game. The rental property is then turned over to the landlord. Depending on the jurisdiction, even after eviction the landlord may still bring suit against a tenant for holdover rent i. No fault evictionseditAs gentrification and the re population of urban centers by wealthier residents takes place, no fault evictions are used as a tool to displace tenants in cities with rent control. In California, for example, the Ellis Act allows eviction of rent controlled tenants if the landlord intends to no longer rent any portion of an apartment building i. The Ellis Act has been applied to rentals in San Francisco, Santa Monica and Los Angeles. Just cause evictionseditSome areas have just cause eviction laws, which prevents evictions for reasons other than an approved list. For example, Seattles ordinance requires a court order and in some cases relocation assistance and allows evictions for 6Failure to pay rent or late payments after written warning more than four times per year. The tenant has failed to correct a violation of the lease or laws concerning public nuisance, sanitation, unlawful business, or habitually causes warnings to be issued with corrections made.