Whether or not a tenant’s right to occupy a residential unit has ended, a landlord may not:
A landlord may bring an eviction action against a tenant when the tenant has:
To bring an eviction action, the landlord must first serve a 3day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3day period, then the landlord must file an action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 5 days before the hearing.
At the hearing, the landlord and tenant will present evidence in support and defense of the eviction action. A tenant may offer a defense of bad conditions and counterclaim at the eviction hearing (Order form: “Avoid Eviction ). If an eviction is ordered, the landlord will make arrangements with the Court to have the tenant’s belongings removed from the unit if the tenant does not move.
Local procedures vary, check with your court or an attorney for specific information about eviction.
Eviction: Second Cause of Action
At the time of eviction, the landlord may also file a “second cause of action” to recover money damages. The tenant may answer the claim for money within 28 days of receiving the complaint in the mail. If a tenant fails to answer the complaint, the Court may issue a default judgment in the landlord’s favor without holding a hearing. A default judgment will stop the tenant from later objecting to a landlord’s claim.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.