Reasons for Eviction | Real Estate Law
The most common reason for being evicted is nonpayment of rent. Most of the actions described in this section deal with that. However, you can be evicted for any material breach of the lease. This includes having noise complaints against you, violating the no-pet rule, having people not on the lease living with you, and many other things.
Notice on your door: This is a polite, or not so polite, note left by your landlord to remind you that you owe rent. Many landlords leave such a note as a first step. There is no requirement that this type of not be given.
Lockout: Some landlords skip the polite note and go straight to a lockout. In a lockout, the landlord must leave a note on the door, telling you where you can get a key, 24 hours a day. When you go to get the key, the landlord can ask you why you haven't paid your rent. Regardless of whether you pay rent or not, the landlord must give you the key to get in. A lockout serves as a way to confront you, not as a way to evict you. If you don't pay rent due after you've been locked out once, you can get locked out again. In fact, you can be locked out each time you leave until you pay the rent. The landlord must always give you the key to get back in.
Landlord's Lien: To use this, there must be a written lease and that lease must contain a paragraph called "Landlord's Lien". This paragraph must be in bold print or noticeably bigger than normal font. It must say that all nonexempt property can be seized and held until you pay the rent due.
If you are behind in rent and the landlord's lien is in your lease, the landlord can come into your apartment and take nonexempt property such as your TV. You must be left a note listing the items taken, the amount owed, and where it should be paid. The notice must also say that items will be returned when rent is paid.
The landlord may take property with a value greater than the amount owed. If some of the property taken belongs to someone else who does not owe rent, the landlord must release that property to the owner after being shown proof of ownership.
If you fail to pay rent, the landlord may sell the property. He or she must give you 30 days notice of the sale. The notice must give the date, time, and place of the sale. It must also state your right to get the property back if you pay. You can pay right up to the moment of the sale.
After the sale to the highest bidder, proceeds of the sale must be applied to the amounts you owe. If there is money left over, it must be sent to your last known address by certified mail not later than 30 days after the sale. If your landlord violates this procedure, you can sue for actual damages, return of any property that has not been sold, return of the proceeds of any sale, and one month's rent or $500, whichever is greater, minus any amount of rent you owe, plus attorney's fees.
Exempt property that cannot be seized includes wearing apparel, tools, school books, family library and portraits, couches and dining room tables, beds, food, medicine, children's toys and more. Contact a lawyer for a more thorough list. Remember the landlord's lien must be in writing and underlined or in bold print to be in effect. If the landlord has tried all of the above and you are still behind in rent, or the landlord wants to skip all of the above, he or she must give you an eviction notice.
Eviction notice: This must be in writing and give you three days to vacate. A written lease may alter this time period. This notice must be delivered by mail, either first class or certified or delivered in person, to any person on the premises who is 16 years old or older, or it may be left attached to the inside of the main entry door. The three days begins on the day notice is delivered. If you fail to move out, the landlord must file suit for eviction.
Notice on your door: This is a polite, or not so polite, note left by your landlord to remind you that you owe rent. Many landlords leave such a note as a first step. There is no requirement that this type of not be given.
Lockout: Some landlords skip the polite note and go straight to a lockout. In a lockout, the landlord must leave a note on the door, telling you where you can get a key, 24 hours a day. When you go to get the key, the landlord can ask you why you haven't paid your rent. Regardless of whether you pay rent or not, the landlord must give you the key to get in. A lockout serves as a way to confront you, not as a way to evict you. If you don't pay rent due after you've been locked out once, you can get locked out again. In fact, you can be locked out each time you leave until you pay the rent. The landlord must always give you the key to get back in.
Landlord's Lien: To use this, there must be a written lease and that lease must contain a paragraph called "Landlord's Lien". This paragraph must be in bold print or noticeably bigger than normal font. It must say that all nonexempt property can be seized and held until you pay the rent due.
If you are behind in rent and the landlord's lien is in your lease, the landlord can come into your apartment and take nonexempt property such as your TV. You must be left a note listing the items taken, the amount owed, and where it should be paid. The notice must also say that items will be returned when rent is paid.
The landlord may take property with a value greater than the amount owed. If some of the property taken belongs to someone else who does not owe rent, the landlord must release that property to the owner after being shown proof of ownership.
If you fail to pay rent, the landlord may sell the property. He or she must give you 30 days notice of the sale. The notice must give the date, time, and place of the sale. It must also state your right to get the property back if you pay. You can pay right up to the moment of the sale.
After the sale to the highest bidder, proceeds of the sale must be applied to the amounts you owe. If there is money left over, it must be sent to your last known address by certified mail not later than 30 days after the sale. If your landlord violates this procedure, you can sue for actual damages, return of any property that has not been sold, return of the proceeds of any sale, and one month's rent or $500, whichever is greater, minus any amount of rent you owe, plus attorney's fees.
Exempt property that cannot be seized includes wearing apparel, tools, school books, family library and portraits, couches and dining room tables, beds, food, medicine, children's toys and more. Contact a lawyer for a more thorough list. Remember the landlord's lien must be in writing and underlined or in bold print to be in effect. If the landlord has tried all of the above and you are still behind in rent, or the landlord wants to skip all of the above, he or she must give you an eviction notice.
Eviction notice: This must be in writing and give you three days to vacate. A written lease may alter this time period. This notice must be delivered by mail, either first class or certified or delivered in person, to any person on the premises who is 16 years old or older, or it may be left attached to the inside of the main entry door. The three days begins on the day notice is delivered. If you fail to move out, the landlord must file suit for eviction.