
An eviction is a court action a landlord must
use in order to remove a tenant from a place of residence such as a
house or apartment. In order for any legal action to be taken
against the tenant, the landlord must give full written notice to
the tenant, before seeking to evict them. This come by way of a
NOTICE TO QUIT, a single document signed by the landlord or his/her
attorney and delivered by a state marshal which states the reason
for eviction and commands that the tenant vacate the premises by a
prescribed date. If one does not proceed as instructed, the landlord
may begin the act of eviction by issuing a SUMMONS AND COMPLAINT to
be delivered to tenant by state marshal. This document contains an
official court order, explains the action against the tenant and
what actions must be taken to protect tenant rights. It also
requires that the tenant or his or her attorney must file an
APPEARANCE with the court.
Many legal grounds for evictions exist
depending on whether the tenant holds a written or oral lease. Those
possessing the latter can be evicted for non-payment of rent, tenant
violations of written terms, expiration of a lease or breakage of a
serious law such as prostitution or buying or selling of drugs. In
place of a written lease, a tenant may hold either a month-to-month
or week-to-week oral lease. Those holding a month-to-month lease can
be evicted for failure to pay rent by the 10th of the month, failure
to pay at the end of the month if the landlord wishes to terminate
the tenancy, and for violations pertaining to written leases.
Additionally, those holding a week-to-week lease can be evicted for
failure to pay by the 5th day of the week or failure to pay by the
end of the week if landlord wishes to terminate tenancy and those
violations pertaining to all leases.
In some cases, the landlord can be responsible for compensation payment to the tenant if the eviction is unlawful.
Evictions - Removal From a Residence
Foreclosures - Failure to Pay a Lien
Landlord & Tennant - Issues involving renting
Mechanics Lien- Perfecting workman security liens
Receiverships - Appointed to sell land
Eminent Domain - State's power to take property
Closing & Document Preparation