Everything You Need To Know About The Eviction Process

Posted on: 3 November 2015

Nothing strikes fear into the hearts of a renter like the prospect of eviction. The most common reason for eviction is failure to pay the lease, but that's not the only lawful reason for a landlord to evict a tenant. While each state's laws detail the requirements for a landlord to end a tenancy and legally file for eviction, there are some standard rules that apply across the board.

Paying Your Rent on Time Doesn't Stop Eviction

Just because you pay your rent on time and in full every month doesn't mean you are exempt from eviction. If you break the terms of the lease, cause property damage, or create a dangerous environment, the landlord has the right to evict. They can even refuse to renew the lease upon its expiration.

Meeting The Landlord's Demands Can Stop Eviction

What if your landlord has threatened eviction due to something you have done or are doing wrong? If you right your wrongs, you could be able to have the eviction notice rescinded – this is your right. However, you will likely have to take a specified action within a specified amount of time.

For example, you may be given the opportunity to have the eviction notice rescinded if you pay all overdue rent and late fees in full by a certain date. Coming up with the money after the specified date won't do any good unless you've worked out an updated agreement in writing with your landlord.

Eviction Can Hit Your Credit

By law, a landlord or rental company are within their rights to report your eviction to the three major credit bureaus. As a negative entry, it can affect your ability to borrow money and even discourage other landowners from accepting you as a tenant.

The process of putting an eviction on your credit is time-consuming. It often costs more money than the landlord is willing to spend. As a result, it is rare for an eviction to hit your credit, but you should watch your credit just to be sure.

Notice of Termination without Cause

Even if you're the perfect tenant, have not violated your lease, and have not missed or been late in paying rent, a landlord can ask you to move out at any time. The only legality stopping this action is if you are under a fixed term lease. As long as there is no such lease in place, and the landlord grants a longer notice period, they can legally ask you to move out at any time.

Knowing the eviction process can help you navigate your way through it should you ever face yourself in that situation.

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