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Yikes! You’ve Been Evicted — So What Happens Next?

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If you’re a renter, you already know that eviction is something you’ll want to avoid. It also should be a last resort for a landlord.

However, if you do get an eviction notice, know that moving out will take some time. But once the legal process begins, both parties should understand what’s involved in an eviction lawsuit. 

Here’s everything you need to know about getting evicted. 

 

So What Is Eviction?

Eviction laws and procedures vary from state to state
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Eviction is a legal process that allows a landlord or property owner to remove a tenant from a  rental property. Typically, eviction occurs for a specific reason. 

During the eviction process, a landlord will provide notice to the renter that that they are being evicted. If the tenant doesn’t move or address the issue within the deadline on the notice, the landlord will file a lawsuit to have them removed. 

Eviction laws and procedures vary from state to state and aim to protect the rights of both parties in the landlord/tenant relationship. 

 

Reasons a Landlord May Want a Tenant Out

Evictions can be avoided
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There are several reasons why a landlord may want to evict a tenant. Some common grounds include not paying rent, lease violations, property damage, illegal activity, an expired lease or personal use for the landlord. 

Some reasons to evict are “curable” — for example, not paying rent — which means they can be corrected, and an eviction can be avoided. Some, like illegal activity, are not. The tenant will have to move, no matter what. 

What Are Eviction Notices?

Eviction notices must comply with all applicable laws
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Eviction notices inform tenants that they are required to vacate the rental property. They include the reason for the eviction, the deadline by which the renter must move, and instructions on how to respond or contest the eviction.

Some common types of eviction notices include a “pay or quit” notice (for late rent), a “cure or quit” notice (for problems that can be fixed by the renter), an unconditional quit notice ( for serious lease violations or illegal activity) and a “notice to terminate tenancy” (used when a lease has expired and the landlord does not wish to renew it.) 

No matter the type, an eviction notice must comply with all applicable laws and regulations in how it is written.

 

Does Your State Allow No-Fault Evictions?

No-fault evictions are controversial
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No-fault evictions (aka “no-cause” evictions) occur when a landlord notifies a renter they are about to be evicted but have no particular reason for doing so. 

No-fault evictions are controversial because they leave tenants vulnerable to losing their apartments or homes through no fault of their own. Some jurisdictions have laws that limit or prohibit no-fault evictions, while others allow them under specific conditions.

Typically, month-to-month renters are subject to no-fault evictions.