The Eviction Process

When it comes to evicting tenants, every landlord must follow applicable state and local laws by providing proper notice to the tenant and following the procedures necessary for a legal eviction. Even if a tenant is late paying the rent or has violated some rule laid out in his or her lease, a landlord usually has a duty to follow the process, which includes legally ending the tenancy first before suing to evict the tenant.

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Eviction Notices

An eviction notice, scary as it is, is not the eviction itself. When a tenant is served with an eviction notice, they still have rights and options. The eviction noticed may be presented as a legal document, but it must meet strict requirements before a court will consider it valid.

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Evicting a Family Member or Friend From Your Home

A family member or friend occupying your home may be considered a tenant whether or not a lease was signed, and whether or not rent was paid. If the person that you want removed has paid for any utilities, food, or the like this can also be considered’rent’.

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Legal Removal of Unwelcome House Guests

Any attempt to’evict’ an uncooperative and unwanted house guest and/or tenant can be frustrating and costly for the owner or landlord. The first order of business in determining your options is to establish whether the house guest is a lodger, a bonafide house guest, or a roommate.

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Does Your Landlord Have the Right to Evict You?

If you’ve been served with an eviction notice, and you’re not ready to move out, you are probably asking yourself “Does the landlord have the right to evict me? What can I do to remain in place as a tenant? And for how long can I remain in place?”

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Can Extreme Hardship Stop an Eviction?

A landlord does NOT need to take the extreme hardship of a tenant into account in filing for eviction; and the courts will also not consider it in determining whether or not (or when) to grant eviction.

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Constructive Eviction

Constructive eviction describes the forced move out of a tenant from his rental that was made uninhabitable for reasons within the control of the landlord. To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects.

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