Eviction is a legal process by which a landlord attempts to reclaim possession of an apartment of home by forcing the tenant to move out. Reasons for this include but are not limited to: failure to pay rent, violations of lease agreement, expiration of lease, expiration of lease, or if the tenant does not have a lease. The rules for eviction vary from state to state, and even locally, and landlords should take special care to proceed with evictions in accordance with the letter of the law, or a court will likely dismiss the eviction. Tenants should know their rights, in order to defend themselves against unlawful evictions. To find out your local laws you can contact a lawyer, check your local library, or contact your local government. 

 

Tenants should be able to presents documents as proof, using either originals, or high quality copies. All cash transactions should be documented with receipts! Cancelled checks and money orders are also good, as proof of payment. Postponement of eviction is also a possibility, if you can provide the judge with good reason. Hardships such as young children, elderly family members, or illness can all be considered. You must file a request for an extension of time.

 

The eviction process can last from as few as 20 days, to several months if the tenant as a strong defense and the case goes to court. It should be noted that the landlord cannot serve the eviction notice and cannot evict the tenant. The person who serves the notice is determined by the court and the actual eviction is done by the sheriff.