Eviction Process

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Eviction Process


Apartment Listing  

Eviction is a legal process where a landlord can remove the tenant from the property and make them vacate the premises. A tenant can be removed only from a rental property and in order to be evicted, they should have not followed the terms and conditions of the rental agreement. If a tenant has violated any rule of the rental agreement, then he or she can be evicted at the landlord's wish.

However, there is a specific way in which the eviction has to be carried out. The landlord should give a notice period to the tenant during which he or she needs to vacate the premises. Also, the landlord would need to win an eviction law suit which qualifies the reasons for eviction of the tenant.

Some of the reasons that qualify eviction are non payment of rent, violation of a rental clause or danger of security to the landlord by the tenant. Also, there are several interim clauses that can actually disprove the primary clause when it comes to eviction. For example, a physically handicapped person may not have an income for a brief period due to which he or she might have been unable to pay the rent. In such cases the eviction lawsuit may go against the landlord.  

The entire eviction process can be divided into notice period, summons and trial period, and the right of redemption. The notice period, however, differs from state to state. In some states it could be 60 days and in some it could be 90 days. Also, if a tenant has not been paying rent for a long time, then the notice period can be shortened to 2 or 3 days also.

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Eviction Process

 
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Filing-A-Motion-To-Fight-Eviction      If a tenant has been unable to pay the rent and has a very valid and specific reason, then they can file a motion against eviction. Depending on the cause, they may stand a chance against eviction. However, it is definitely not easy to do this. First of all the client has to get an attorney to do this. More..



 
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Eviction Process