Landlords cannot just shut you out. They must first terminate the lease. If you do not depart or rectify the situation, they may bring an eviction action against you.
Your landlord cannot evict you unless the tenancy is terminated first. This normally entails providing you with enough written notice in accordance with state law. If you do not relocate or resolve the issue that triggered the notice, the landlord may launch a lawsuit to evict you. To win, the landlord must demonstrate that you did something wrong that warrants terminating the lease.
State rules specify the steps landlords must take to discontinue a tenancy. Each state has its own processes for writing and delivering termination letters and eviction papers to tenants (“served”). Landlords must strictly adhere to state norms and procedures or risk having their case dismissed in court.
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When Might a Landlord Send a Notice of Termination for Cause?
Although wording varies somewhat by state, if you breach your rental agreement or lease in any manner, you will almost certainly get one of the following forms of termination notices:
Rent must be paid or a quit notice will be issued. These are given to residents who have not paid their rent. If you get one of these, you have a few days (three to five in most jurisdictions) to pay the rent or vacate the premises (“quit”). If you move out but do not pay your rent, your landlord may still sue you for the amount owed.
Notice to Cure or Quit. Landlords offer them to renters who break a lease or rental agreement provision or condition, such as a no-pets clause or the pledge not to make excessive noise. You usually have a specified period of time to fix, or “cure,” the infringement. If you do not want to or are unable to correct the violation, you must vacate by the period specified in the notification.
Unconditional Notice to Quit. This is the most severe sort of quit notice. It orders the tenant to vacate without giving them the opportunity to pay the rent or fix a lease or rental agreement breach. Most states allow unconditional leave letters only if you have persistently broken a substantial lease or rental agreement provision, been late with the rent on several occasions, badly damaged the property, or participated in serious unlawful conduct, such as drug selling on the grounds.
When a Landlord May Send a Termination Notice Without Cause
Even if you haven’t broken the lease and haven’t been late on your rent, a landlord may generally ask you to leave at any time (assuming you don’t have a fixed-term lease) as long as you give the landlord ample notice.
For example, if you have a month-to-month rental agreement, your landlord may send you a 30-Day Notice to Vacate to end a lease in most states—even if you’ve been an excellent tenant. (In certain places, the necessary notice may be significantly longer or shorter.)
When Might a Landlord File an Eviction Lawsuit?
If you haven’t moved out or remedied the lease or rental agreement breach after receiving a termination notice, the landlord must legally serve you with a summons and complaint for eviction in order to continue with the eviction.
A date and time for a hearing or trial before a judge will be determined by the court. You must attend this hearing. If you don’t, even if you have a plausible defense to the eviction, the court will likely decide against you.
Possible Tenant Eviction Defenses
If you are summoned to court, you may be able to reduce the landlord’s prospects of winning. Perhaps you can refer to faulty documentation in the eviction lawsuit’s preparation. Perhaps the landlord’s unlawful activity, such as failing to keep the rental property in livable shape, would serve as a solid defense, as could a claim that the eviction litigation is being brought in reprisal for your insistence on necessary, substantial repairs.
During an Eviction, the Sheriff’s Escort
Even if the landlord wins the eviction action, he cannot just transfer you and your belongings onto the pavement. Landlords must deliver the court ruling, together with a fee, to a local law enforcement authority. A sheriff or marshal notifies you that the officer will return in a few days to escort you off the property. At that moment, it’s preferable to admit defeat and go on your own.