Eviction Rights for Tenants and Landlords?

Answer 1

When it comes to evictions, both landlords and tenants have a specific set of rights. These laws have been put into place to protect both parties in the event that an eviction needs to take place. This article looks briefly at each parties rights in the eviction process.

Eviction Rights for Tenants

It’s important to note that eviction rights vary state by state, so tenants facing eviction may want to seek the advice of an attorney to learn about the laws that are specific to their state. For the most part, laws are similar in each state though. First, a landlord must typically have a reason to evict a tenant and the landlord must also give the tenant an opportunity to correct the problem before evicting him. Some common reasons for eviction include nonpayment of rent and violation of the terms of the lease. In both cases, landlords are usually required to give the tenant a certain amount of time to fix the problem before an eviction can take place.

Before a landlord can physically evict a tenant, he must properly serve the tenant with a summons and complaint. The tenant than has the right to go to court, at which time a judge will decide whether or not the tenant will be evicted and when. A landlord cannot physically evict a tenant without going to court and even if he receives a judgement in his favor, he can not evict the tenant before the date the judge has specified.

Tenants facing eviction may wish to seek the advice of a qualified attorney, especially if they believe the eviction is unlawful or unwarranted.

Eviction Rights for LandlordsLandlords have the right to have tenants who pay their rent and abide by the other terms of the lease that they signed. When tenants don’t meet the terms of the lease, a landlord has the right to demand the tenant meet the terms or leave the premise. However, the landlord must take the proper steps when they have to evict a tenant.

First, the landlord must, in most cases, provide the tenant notice of his intent to evict if the issue is not resolved within a certain timeframe. This notice is important and a landlord should take care to make sure it is properly written and executed. If the tenant does not fix the issue in a timely manner, a landlord has the right to take him to court to ask a judge to formally evict him from the property. Again, a landlord must take the proper steps to bring a tenant to court, which include filing complaint and making sure the tenant is properly served.

If a judgement is brought against the tenant, the landlord has the right to receive the assistance of the sheriff in removing the tenant from the property if the tenant does not leave in the specified amount of time. The landlord also has the right to try to collect remaining monies owed from the tenant after the eviction has taken place.

Again, rights for both tenants and landlords vary by state and either party who is part of an eviction proceeding should be sure to check the laws of their state and seek the advice of a qualified attorney when needed.