Evictions

What Is An Eviction?

Eviction is a legal action against holder of real property with limited ownership rights (tenant) by the holder of the whole ownership rights (landlord) to reclaim any ownership rights held by the tenant. State laws govern the process of eviction through forms, deadlines and time frames. The forms are provided by the State court system and are available via real estate professionals and attorneys. Deadlines and time frames are designed to provide a working time schedule for the eviction procedure. All parties involved are required to adhere to the requirements.

Prior to the commencing of any eviction action, the relationship (state of tenancy) must be terminated between the parties involved. “Notice of Termination” must be served (written and delivered) by the initialing party to the other parties. There are several mechanisms that will terminate the state of tenancy. The following are the most common “Notices”:

Cure or Quit Notices:  Most rental agreements include provisions which limit tenants’ usage of the real property in question. If tenants breach any of the rental provisions, such as modifying an existing fixture without approval of the landlord, the landlord issues a notice to cure (repair any alteration) or to move out.

Unconditional Quit Notices: Those are the harshest of all “Notices of Termination”. Landlords can only issue such notice when tenants have continually and routinely violated provisions of the leases agreement. Landlords can also issue such notice when the tenants are in violation of basic safety codes or laws.