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Eviction Reasons

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Note: You should always consult an eviction lawyer in your state or local county court for more information on the EVICTION PROCESS.  

There are many reasons a tenant may be LEGALLY EVICTED from a rented property. The laws are generally the same in every state and will include notifying the tenant in some fashion. 
If you live in or rent to a Local, State or Federal Subsidized tenant (or are one), there may be different rules for evictions. 

Here is a partial list of reasons a residential tenant may be evicted.

Non-payment of rent: The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated. 

If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline, the landlord doesn't have to accept payment.

Other tenant violations: The landlord must inform the tenant in writing of the supposed violation. The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict. This includes such issues as excessive noise, not maintaining the unit or grounds - being a public nuisance.

Expired Lease: If the landlord doesn't extend an expired lease and the tenant refuses to leave, the landlord may evict. The tenant must be given written notice. This is called a HOLDOVER TENANT. Many leases contain HOLDOVER tenant clause- such as rent increase or penalty. 

No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict. See HOLDOVER TENANT.

TENANT PROTECTION: To protect the tenant's rights, the tenant should copy all documents. Get a receipt for all cash transactions with the landlord or his management. Canceled checks and money orders are good proof of payments.

If the court orders you evicted, you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date. Don't count on it.

You may file a request for an "extension of time" if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid evictions. BE PREPARED YOU MUST HAVE PLAN OF ACTION.

Withhold rent: The law in most jurisdictions requires the tenant to inform the landlord in writing that they intend to withhold rent if a specific problem isn't solved by a certain date. Tenants must give the landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his contractor has access to fix the problem.


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