Landlords can’t evict tenants without terminating the tenancy first. This usually means giving tenant adequate written notice, in a specified way and form. If the tenant doesn’t move after proper notice, the landlord can file a lawsuit to evict a tenant. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that tenant did something wrong that justifies ending the tenancy.
State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to the tenant (“served”). Landlords must follow state rules and procedures exactly.
There are 4 types of evictions. They are
A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.
- If the tenant hasn’t moved out or fixed the lease or rental agreement violation, the landlord must properly serve the tenant with a summons and complaint about eviction in order to proceed with the eviction.
- Even if the landlord wins the eviction lawsuit, the landlord can’t just move tenant and his/her things out onto the sidewalk. Landlords must give the court judgment to a local law enforcement official, along with a fee. A sheriff or marshal gives the tenant a notice that the officer will be back within a few days to escort tenant off the property.