For a renter, eviction can be a confusing process, made worse by a lack of information about what a tenant’s rights are in the eviction process. Having an understanding of these rights before an eviction would certainly make the process less aggravating, but may help a renter avoid it altogether.
Reasons to Evict
Tenant’s can only be evicted for proper cause, typically violation of the lease. The most common violations are nonpayment of rent, illegal activity in the property, destruction of the property or natural expiration of the lease. However, proper cause does not include evictions based upon a tenant asserting his rights under a lease, such as the right to quiet enjoyment of the property. Evictions based on such reasoning will not be enforced by the court.
The first step to eviction is giving the tenant notice of the intent to evict. While this is usually accomplished in the form of a letter, addressed to the tenant, stating the reasons for the eviction, some states may require more formal notice. The second step of the eviction process is beginning the court action. In evictions based on property damage, health hazards or illegal activity, many states require a landlord to give at least three days notice before beginning court proceedings; some states require seven. For other evictions, such as a tenant holding over after the expiration of the lease, 30 day’s notice is required, though some states require 60.
Avoiding Eviction Once It Has Begun
After the notice of eviction is served the tenant may be able to avoid removal from the property simply by curing the violation. This might require the tenant to pay the past-due rent, repair of the damage or cessation of the illegal activity. Once the eviction has reached the court, though, avoiding removal is much more difficult, even though the landlord still has the right to allow the tenant to resolve the matter at that point.
Illegal Eviction
Once the eviction process has begun the landlord must be careful to avoid actions designed to drive the tenant from the premises until such time as the court orders the tenant’s removal from the property. These actions could include, but are not limited to, harassing or threatening the tenant, locking the tenant out of the property, destroying the tenant’s property, or disconnecting the utilities. While a landlord may feel these actions are justified, they may result in the landlord being held civilly liable for damages to the tenant.
Public or Subsidized Housing
If the property in question is public, subsidized or rent-controlled housing, the eviction process is altered so that it is more difficult to remove a tenant. If you live in one such place and the landlord has given notice of eviction, contact an attorney immediately for more information.
Caution
Eviction laws vary from state to state and even city to city. The information in this article should never be used as a substitute for legal advice and if given an eviction notice, please contact a licensed attorney immediately.
Michigan Compiled Laws §§ 554.134, 554.656, 600.5704, 600.5714, 600.5716, 600.5718 and 600.5735; Florida Statutes F.S. 83.56
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