About to Be Evicted? Here is What Your Landlord Can and Can’t Do

Being evicted from a rental property can be a frightening time for a family and equally challenging for a landlord. Often, both parties are interested in avoiding eviction due to the potential financial complications it may bring.

As a tenant who may be subject to eviction, it is important to understand that your landlord, in some cases, may proceed through the eviction process himself, or he may hire a professional agency to handle the eviction. But, in either case, there are specific processes that must be followed before you are forced to leave your home.

First, the landlord must file a notice of eviction with the local government agency. Often this requires a filing fee and is registered at the local county office.

Following the filing of the eviction notice, the local sheriff’s department will service the eviction notice to you but, in many cases, this eviction notice does not have to reach your hands personally. It can, instead, be placed upon a door or in a mailbox. A court date is then set and a judgment is ordered in the eviction process at which point you will, generally, have up to 10 days before being required to vacate the property.

So, how might you avoid an eviction process? Talk to your landlord. While many landlords will provide some sort of payment arrangement for you, they may still want to proceed with eviction proceedings in the event your rent is not paid in accordance with the terms you’ve agreed to, at which point the sheriff can require that you vacate the property.

As a tenant who is behind on rental payments, you should also know that your landlord may proceed with a suite for possession which simply states the landlord can not only take back the property but also sue for additional monetary damages, such as court costs and fines. Again, if you have worked out payment arrangements with your landlord, do not be surprised by this action as most landlords will proceed with obtaining the appropriate documentation to provide for eviction should you fail to adhere to a payment plan.

As with any real estate transaction, the key to the most optimal resolution is to work with a landlord who is willing to work with you and provide the appropriate rental and payment arrangements. If you are a tenant who has committed to regular rental payments in the past, and you take good care of the property, your landlord will most likely work with you to resolve in rental disputes you may have but, as an added protection, may file the eviction proceedings in the interim.