Notice of Eviction: What Comes Next?

Answer 1

Receiving a notice of eviction can be unsettling for many tenants. It is important to fully understand why the eviction notice was issued and what steps to take in order to remedy the situation. For many, the option to simply move in response to an eviction is non-existent. Fortunately, there is a legal process that must be followed during eviction proceedings, often allowing the tenants time to come up with a alternative to losing their home.

Understanding the Eviction Notice

A landlord can legally serve a tenant with an eviction notice if the tenant has knowingly violated any terms of the rental agreement. The most common reason for eviction is failure to pay rent. Before filing a notice of eviction, the landlord must give tenants a "warning", usually in the form of a 72-hour notice. This notice gives tenants a chance to pay the past due rent or remedy other violations. If they fail to do so before the 72 hours elapse, the landlord may file the necessary documents with the court to begin eviction proceedings.

What Happens During Eviction ProceedingsOnce the landlord has filed for eviction, a court hearing will be scheduled. It is important to note that if the tenant fails to appear at this hearing, the eviction order will be granted to the landlord by default. At the hearing, the landlord will show cause for the eviction and the tenant will have a chance to defend themselves against it. The judge will decide whether an eviction is warranted. It may be helpful for a tenant to consult an attorney during these proceedings, as there are many intricate laws and regulations to be considered. What Happens After the Hearing

If the judge rules in the tenant's favor, the eviction notice is nullified and the tenants are allowed to stay in their home. They must continue to pay rent and abide by the terms of the rental agreement. If the ruling is in favor of the landlord, an eviction date will be set. A local sheriff or other law enforcement agent will arrive on that date to ensure that the tenants leave.

An eviction notice is undesirable and can be easily avoided by ensuring rent is paid on time and the terms of the rental agreement are upheld. When an eviction is imminent, tenants must act vigilantly to prevent losing their home.