Eviction is a legal process where a landlord can legally remove a tenant from their property. Evictions typically occur due to a breach of the rental agreement such as lack of payment, damage to the property, or illegal activity occurring on the premises. Princeton University’s Eviction Lab reports that most evictions occur due to non payment of rent.
What does the eviction process look like?
Typically, the tenant will receive written notice to vacate the property. If the tenant is unable to remedy the respective violation of the rental agreement the tenant will likely be served with a complaint. The tenant typically has 20 days to respond to the complaint. The court will have the ultimate say in granting or denying the eviction.
I am a tenant. What do I do if I receive a written notice to vacate the property?
If you receive a written notice to vacate the property, you have a few options. Depending on the reason that you are being evicted, you may either cure the violation or pay the rent that is past due. If you are being evicted for a violation of your lease such as allowing pets or additional people to occupy the premises, making excessive noise, or destroying the property, then you should be given the opportunity to fix the violation. If you are being evicted for lack of rental payments, you must be given the opportunity to pay. If you are unable to remedy the situation, you will likely be served with a complaint and summons. At this point, it may be advisable to seek legal assistance.
I am a landlord. How do I evict a tenant from my property?
If you are in a circumstance where you need to evict a tenant from your property there are a few steps which must be taken. You must provide the tenant with a written notice to vacate. You must allow the tenant the ability to fix the issue that you are seeking to evict them for. If it is for lack of payment, you must allow the tenant with reasonable time to make payment. If it is for a violation of the lease agreement, you must allow the tenant the ability to remedy the violation. The average time frame given to remedy the violation or make the missing payments typically ranges from 3 – 7 days. If the tenant does not remedy the violation or make the missing payments, then you may file a complaint against the tenant and have them served.
If you are facing or seeking to enforce an eviction it may be useful to seek legal assistance to be fully informed on the eviction process and requirements.
