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Eviction Procedures: What You Need to Know as a Renter!

evictionFinding a place to live that you not only love but can afford is a difficult task. Although many people want to own a home, credit scores and large down payments can often prevent them from obtaining the mortgage they need, which leads many people to rent instead.

Renting means that you use the home, townhouse, or apartment of a landlord who allows you to be a tenant on the property under certain lease conditions. These conditions usually include payment terms and other prerequisites for pets, noise, and general behavior. When you violate the lease, your landlord can begin the process to have you evicted, but the landlord can’t simply lock you out while you’re at work with a warning. Eviction requires certain steps and procedures to ensure the situation remains fair for both parties involved.

Notice of Termination for Cause

Your landlord can begin the eviction process by filing a notice of termination for one of three general reasons. Either you failed to pay rent in a timely manner, violated a term of the conditions (like keeping your Husky dog in a no-pet apartment), or engaged in a serious illegal or disruptive activity on the premises. This notification must inform you of the landlord’s reasons for notice of lease termination and provide you with a timeline to either fix the problem or move out.

Eviction

If you ignore the notice of termination and don’t fix the problem at hand, the landlord still can’t just lock you out of your home. He must properly serve you with a summons and complaint for eviction in order to legally continue with the eviction. Believe it or not, you can fight your eviction if you have any proof that the landlord did not adequately adhere to the notice of termination and eviction procedures. It’s also possible to prove eviction based on retaliation, in which case your landlord would not be allowed to continue with the eviction.

Sheriff’s Escort

Unfortunately, some landlords do win the eviction case, and the tenant must admit defeat and move out. If this happens to you, the landlord must hand over the court judgment to law enforcement. You’ll receive a notice that you have a few days to pack your things to remove yourself from the property, with an escort if needed.

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