UNITED STATES EVICTION LAWS

Tenant Notice

A written notice is given to the tenant prior to eviction. Nevada has several types of notice,

depending on the reason for the eviction. The Five Day Pay Or Quit notice is sent out when

the tenant does not pay his rent. The notice only goes out after the grace period has passed.

If the tenant pays in full, the landlord must stop the proceedings. A Three Day Nuisance Notice

is used when a tenant is causing a nuisance, such as noise pollution or another matter that does not concern the rent. A written reason must be included. The tenant has three working days to resolve the problem. A Thirty Day Notice is used for any other reason when there is no lease in effect. Based on the notice served, the tenant has the stated number of days before the eviction proceeding continues.

Motion for Summary Eviction

After number of days stated in the notice has passed, a Motion for Summary Eviction is submitted with the court of proper jurisdiction. A fee is charged, according to the county where it is filed, to submit the motion. Services are also available that specialize in evictions and are able to submit the paperwork for a flat fee.

Contest Hearing

The tenant has a right to contest the Summary Eviction by filing an answer with the court within a specified time limit. If contested, a hearing is scheduled within seven days. The judge either orders eviction on the spot or gives the tenant an allotted amount of time to pay or vacate.

Lockout Notice

A 24-hour lockout notice is served to evicted tenants, ordering them to leave within 24 hours or the next business day. It is the tenants' right to file a motion of stay during the 24-hour period. If the motion is granted, a hearing is set within seven days. The tenant is then able to stay until the next decision is made by the judge.

Lockout

If an appeal is not filed or is denied, once the 24 hours has passed, the constable goes to the property and removes tenants that have not vacated. At this time, the landlord secures the property by having a locksmith change the locks, concluding the eviction process.

Storing Items

The Landlord is responsible for storing any of the tenant's property left on the premises for 30 days. The tenant must make arrangement to pick up their items and are expected to pay a reasonable storage fee. After the 30 days have passed, the landlord sends a certified letter stating the items will be disposed of in 14 days. After the time lapses, the landlord has the right to get rid of the items.

Notices To Evict

If you rent a house or an apartment from a landlord, according to New Hampshire law, you cannot be

forced out without the landlord going through the steps outlined by the District Court. He must show

the court that he is within his rights to evict you, you must receive a notice in writing of his intent,

the landlord has to follow the right procedures, and you must be given the right to appear in court.

The landlord's assertions do not have to be served by a sheriff but they must be either left at your residence, with you or a member of your family. If the landlord wants to evict you for failure to make rent payments, he must first send you a written demand for payment. A court notice must give you at least 7 days to move if the reason is non-payment of rent or you and the others living there have either seriously damaged the property or threaten the safety of either the landlord or other tenants. If you are being evicted for any other reason, you must have at least 30 days to leave.

Be Given More Time To Move

The court has the authority to delay your eviction for a maximum of 90 days, with the judge having the right to choose how long to delay. In the meantime, you will have to pay rent weekly during the delay, and that has to be paid in advance. Failure to do that can result in shortening the delay. You can ask the court for more time if you make the case that you have had difficulty in finding a new place, or that you need more time to put your children in different schools, or some other valid reason. In all cases, you must demonstrate your ability to make the weekly rental payments.

Right To Appeal

If all other remedies fail, you can petition the New Hampshire Supreme Court to hear your appeal. You or your attorney must first file your intent to appeal in the District Court where your case was handled within one week of your judgment. Then you have 30 days from the date of that judgment to file your appeal with the Supreme Court. Because this method is used often by people to delay the eviction process, many of those appeals are denied by the Supreme Court.

Notices To Evict

If you rent a house or an apartment from a landlord, according to New Hampshire law, you cannot be

forced out without the landlord going through the steps outlined by the District Court. He must show

the court that he is within his rights to evict you, you must receive a notice in writing of his intent,

the landlord has to follow the right procedures, and you must be given the right to appear in court.

The landlord's assertions do not have to be served by a sheriff but they must be either left at your residence, with you or a member of your family. If the landlord wants to evict you for failure to make rent payments, he must first send you a written demand for payment. A court notice must give you at least 7 days to move if the reason is non-payment of rent or you and the others living there have either seriously damaged the property or threaten the safety of either the landlord or other tenants. If you are being evicted for any other reason, you must have at least 30 days to leave.

Be Given More Time To Move

The court has the authority to delay your eviction for a maximum of 90 days, with the judge having the right to choose how long to delay. In the meantime, you will have to pay rent weekly during the delay, and that has to be paid in advance. Failure to do that can result in shortening the delay. You can ask the court for more time if you make the case that you have had difficulty in finding a new place, or that you need more time to put your children in different schools, or some other valid reason. In all cases, you must demonstrate your ability to make the weekly rental payments.

Right To Appeal

If all other remedies fail, you can petition the New Hampshire Supreme Court to hear your appeal. You or your attorney must first file your intent to appeal in the District Court where your case was handled within one week of your judgment. Then you have 30 days from the date of that judgment to file your appeal with the Supreme Court. Because this method is used often by people to delay the eviction process, many of those appeals are denied by the Supreme Court.

Self Help Evictions are Illegal

In New Jersey, if a landlord tries to evict a tenant by themselves, without going to court, that

landlord will be guilty of crime. As of 2006, Illegal Evictions are in the Criminal Law as a form of

Disorderly Conduct. If tenants are being illegally evicted, or are being threatened to be thrown

out, have their utilities turned off, or their property taken, the tenants can call the police and

have the landlord charged. This is why it is very important to follow the eviction procedure and only do an eviction through the court.

New Jersey Eviction Notice

Under the Anti-Eviction Act, in most cases notice is required to be sent to the tenant before an eviction case can be filed. The notices are called a Notice to Quit and Notice to Cease. A Notice to Cease simply tells the tenant to stop doing something that is a violation of the Anti-Eviction Act. A Notice to Quit tells the tenant that they have to move out because they have violated the Anti-Eviction Act or they have ignored a previous Notice to Cease. The amount of time the tenant has to move in the Notice to Quit is different, depending on why the landlord is evicting them. The law does not specifically require a notice period for a non-payment of rent violation, but it is still preferable to deliver a Notice to Quit in that situation too.

The Notice periods are as follows:

· Non-Payment of Rent - Notice to Quit (No Notice Period)

· Disorderly Conduct that Disturbs Other Tenants - Notice to Cease, then 3 Day Notice to Quit

· Damage or Destruction to Landlord's Property - 3 Day Notice to Quit

· Violation of Landlord's Rules - Notice to Cease, then 1 Month Notice to Quit

· Violation of Lease Agreement - Notice to Cease, then 1 Month Notice to Quit

· Violation of Public Housing Lease Agreement Provision Prohibiting Illegal Activity - Notice to Quit (delivered in a reasonable amount of time before eviction suit filed)

· Not Paying Rent Increase - One Month Notice to Quit

· Health Code Violations - 3 Month Notice to Quit

· Landlord wants to retire building from residential use - 18 Month Notice to Quit (No Notice Period)

· Not Accepting Change in the Lease - 1 Month Notice to Quit

· Paying Rent Late Month after Month (being habitually late) - Notice to Cease, then 1 Month Notice to Quit

· Conversion to Condominium - 3 Year Notice to Quit

· Owner wants to live there - 2 Month Notice to Quit (only after lease expires)Tenant loses job that includes the rental unit - 3 Day Notice to Quit

· Conviction of Drug Offense - 3 Day Notice to QuitConviction of Assaulting, Attacking, or Threatening the Landlord - 3 Day Notice to Quit

· Being Involved in Drug Activity, Theft, or Assaults and Threats against Landlord - 3 Day Notice to Quit

· Conviction of Theft Offense - 3 Day Notice to Quit (not specified in the statute, but assumed 3 days)

New Jersey - Continued

Serving the Notice to Quit

"Serving" is a legal word that means "deliver." In New Jersey, the Notice to Quit can be served 3 different ways to make it effective:

· Physically handed to the tenant

· Physically handed to someone at the property who is at least 14 years old

· Sent by Certified Mail (It is recommended to send by certified mail AND regular mail)

Court Complaint

After the landlord has served the Notice to Quit, the notice period has expired, and the tenant is still there, the landlord can now sue the tenant for eviction. The landlord starts the suit by filing a Complaint in the Superior Court, Special Civil Part. The landlord should find the Superior Court in the jurisdiction for where the property sits, and file the case there.

Summons

When the landlord files the Complaint, the court will issue what is called a "Summons." The Summons tells the tenant when and where the court hearing will be. The court will attach the summons to the complaint, and then the court will deliver these documents to the tenant. The court will deliver them by personal delivery or certified mail.

The Court Hearing

The Court date will be 10 days or more from the day when the tenant receives the Summons and Complaint. If the tenant does not show up, the landlord will win by default. The judge will read instructions to the court, and it is very important to follow the judges instructions. Both the landlord and tenant will have an opportunity to speak and present their side of the story through testimony, evidence, and witnesses. It is recommended that the landlord bring all documents, and witnesses to prove their case. Examples would be a copy of the Notice to Quit, witnesses that saw illegal activity, etc. The judge will then rule on the case. If the judge rules for the tenant, the tenant will be allowed to stay. If they judge rules for the landlord, then the judge will issue a "Judgment for Possession."

Judgment for Possession

This is what the judge will give to the landlord if the landlord wins the eviction case. It will give the tenant a certain amount of time to move from the property, usually 3 days. If the tenant does not move in that time, then the landlord must request a "Warrant of Removal" from the court.

Warrant of Removal

The Warrant of Removal is issued by the judge, and it tells the court constable to go remove the tenant. The constable will serve a copy of the warrant on the tenant. It will tell the tenant to either move out in three days (excluding the day of service, weekends, and holidays), or contest the warrant in court. In order for the tenant to contest the warrant, their rent payments must be current. If the tenant does not contest the warrant or move within 3 days, the constable will physically remove the tenant.

Stay of Eviction and Tenant Rights

Tenants in New Jersey have a lot of rights compared to other states. Even after the judge orders the eviction, tenants can get more time from the court before they have to move. There are Hardship Stays, Illness Stays, etc. Tenants have a lot of rights at their disposal. The landlord should always comply with the law, or else it gives the tenant many more reasons to get more time.

Discrimination

A New Mexico landlord is prohibited by discriminating against a prospective tenant, current tenant or

former tenant. Landlords cannot use a tenant's age, sex, marital status, family status, race, religion

or ethnicity to base any decisions on during the rental process.

Tenancy Period The type of tenancy period affects renter rights. A month-to-month tenancy does not have the same protection against rent increases that a definite term tenancy does. In a month-to-month tenancy, a New Mexico landlord can raise the rent payment with a 30-day notice. In a definite term tenancy, the landlord must wait until the lease term has ended and a renewal contract is signed. A definite term lease also guarantees the tenancy possession of the rental unit for a specific time frame, barring non-payment or lease violations. A month-to-month tenant can have the tenancy terminated with 30 days notice.

Security Deposit

New Mexico has restrictions in place on the amount a landlord can charge for a security deposit. The security deposit can only be equal to one month's rent, unless the lease term is longer than one year. The landlord must return the security deposit within 30 days of lease termination. If any repair costs have been deducted from the deposit, an itemized deduction list is sent along with the rest of the money.

Habitability

A renter has the right to a home that is considered habitable. A habitable home has working house systems such as heating systems and no damage preventing the enjoyment of the home, such as broken windows. The landlord is responsible for repairs that maintain the livability of the homes.

Eviction

New Mexico renters cannot be evicted until the landlord has a court order of eviction. During an active eviction case, the landlord cannot try to make the renters leave on his own. This is considered a prohibited act by the landlord, and will get the eviction case dismissed in court. The renter has the right to answer the eviction complaint, represent himself or have a lawyer represent him in court, and file an appeal if he does not agree with the court's decision.

Discrimination

A New Mexico landlord is prohibited by discriminating against a prospective tenant, current tenant or

former tenant. Landlords cannot use a tenant's age, sex, marital status, family status, race, religion

or ethnicity to base any decisions on during the rental process.

Tenancy Period The type of tenancy period affects renter rights. A month-to-month tenancy does not have the same protection against rent increases that a definite term tenancy does. In a month-to-month tenancy, a New Mexico landlord can raise the rent payment with a 30-day notice. In a definite term tenancy, the landlord must wait until the lease term has ended and a renewal contract is signed. A definite term lease also guarantees the tenancy possession of the rental unit for a specific time frame, barring non-payment or lease violations. A month-to-month tenant can have the tenancy terminated with 30 days notice.

Security Deposit

New Mexico has restrictions in place on the amount a landlord can charge for a security deposit. The security deposit can only be equal to one month's rent, unless the lease term is longer than one year. The landlord must return the security deposit within 30 days of lease termination. If any repair costs have been deducted from the deposit, an itemized deduction list is sent along with the rest of the money.

Habitability

A renter has the right to a home that is considered habitable. A habitable home has working house systems such as heating systems and no damage preventing the enjoyment of the home, such as broken windows. The landlord is responsible for repairs that maintain the livability of the homes.

Eviction

New Mexico renters cannot be evicted until the landlord has a court order of eviction. During an active eviction case, the landlord cannot try to make the renters leave on his own. This is considered a prohibited act by the landlord, and will get the eviction case dismissed in court. The renter has the right to answer the eviction complaint, represent himself or have a lawyer represent him in court, and file an appeal if he does not agree with the court's decision.

There are 2 types of cases that Landlords can bring against Tenants in New York: "Nonpayment Cases" and "Holdover Cases." A nonpayment case is brought against a Tenant to evict them for not paying the rent, and to collect the overdue rent. A Holdover case is to evict a Tenant for some other lease violation, such as staying after a lease has expired, or using the premises for criminal activity.

3 Day Demand for Rent (for nonpayment cases)
First the landlord must give the Tenant a written demand for the overdue rent which warns the Tenant that they will be evicted if they do not pay. This warning must be delivered to the Tenant at least 3 days before the landlord can file a Court Petition for Eviction (see below). It is highly recommended that this notice be "served" using one of the methods below under "Serving the Tenant."

Notice of Termination (for holdover cases)
The "Notice of Termination" is used to evict a tenant for reasons other than non-payment of rent, such as remaining after the lease has expired, damaging the property, criminal activity, etc. If a landlord needs to evict a "squatter" or someone who was simply staying with them and not paying rent, the landlord needs to serve them with a written Notice of Termination that gives them 10 days notice to leave. If the person to be evicted is an actual Tenant, they are to be given 30 days notice to leave (or one full "rental term," usually from the 1st to the end of the month). This means they need to usually be served before the 1st of the month.

Petition and Notice of Petition
If the Tenant has not paid after their 3 day warning (in a nonpayment case) or has not vacated after the applicable period (in a holdover case), the landlord may file a "Petition" against the Tenant in Civil Court for the jurisdiction where the property is located. The Petition is what states the reason for the eviction. The Court Clerk will give the landlord back a "Notice of Petition" which contains the time and place of the Court Date. The landlord must have the Tenant "served" or delivered a copy of both the Petition AND the Notice of Petition.

Serving the Tenant

 There are three accepted ways in New York to serve a Tenant. It is important to note that in New York, the landlord himself or herself can NOT be the person that actually serves the Tenant.

· Personal DeliveryIn New York, the landlord may not serve the Tenant personally. The landlord must use a process server or a friend if they are going to have the Tenant served personally. In this method for eviction, the process server or friend hands the Petition and Notice of Petition to the Tenant directly. The process server or friend must then sign and notarize an affidavit that swears the papers were in fact served upon the Tenant.

· Substituted ServiceIf the friend or process server goes to the premises and the tenant is not there, the friend or process server may leave the papers with a person of "suitable age and discretion" who also lives there, AND they must immediately and simultaneously mail two copies of the papers to the tenant: One by regular mail and one by certified mail. An affidavit attesting to this method must be signed and notarized.

· Conspicuous Place ServiceIf after two attempts at getting someone to answer the door at the premises (one during working hours and one during off hours) still nobody answers, the friend or process server may attach the papers to the front door or slide them under the door, AND they must immediately and simultaneously mail two copies of the papers to the tenant: One by regular mail and one by certified mail. An affidavit attesting to this method must be signed and notarized.

·  

Going to Court
The Court Clerk will let you know when your Court Date is. Sometimes there is a reminder by postcard, and usually it is on the Notice of Petition. Show up to Court early, and ask where you are supposed to be. Make sure you bring all the paperwork on your case, including copies of your 3 Day Demand for Rent (or Notice of Termination), the Petition and Notice of Petition, the process server's affidavit, a copy of the lease, any evidence or witnesses, and anything else the court requires. If this is a nonpayment case, and the judge rules in your favor, the judge will enter a judgment giving the Tenant 5 days to pay the rent. If this is a holdover case, the judge may give the Tenant more time to leave, or time to cure the lease violation.

Warrant of Eviction
If the tenant does not pay the rent in the 5 day period (in nonpayment cases), or comply with the judge's orders (in holdover cases) you must have a City Marshal or other Law Enforcement Official issue a Warrant of Eviction. The City Marshal or Law Enforcement Official will serve the Tenant the Warrant of Eviction which will give the Tenant 72 hours to vacate. If the tenant does not either vacate or go back to court in the 72 hour period (see below), the Marshal or Law Enforcement Official will physically remove them.

Order to Show Cause
Once the Tenant has received the Warrant of Eviction, they can quickly go back to Court and Ask for an "Order to Show Cause" giving them more time and giving them another Court Date. If the judge signs the order, the landlord will have yet another Court date to attend in order to defend the eviction. If the landlord does not attend this hearing, it could cancel the entire eviction and the landlord will have to start all over.

North Carolina Eviction Laws

The foundation of the North Carolina Landlord Tenant and Eviction Laws are found in Chapter 42 of the

North Carolina General Statutes. These are the laws passed by the North Carolina Legislature that spell

out the duties and remedies in the Landlord Tenant relationship.

Eviction Notice

The first step in the North Carolina Eviction Process is giving the tenant an Eviction Notice. If the landlord is evicting the tenant for non-payment of rent (most common reason), then the notice must demand the rent, and give the tenant 10 days to pay it before a Summary Ejectment (Eviction) Complaint is filed. This notice is called a 10 Day Demand for Rent. If the tenant is being evicted simply because they are staying beyond their lease term (called a holdover), and the landlord told them that the lease would expire and they would have to move out, then the time period in the notice is different. So for a landlord to evict a tenant for a holdover, the notice period is as follows:

· 7 Days if the tenant paid rent monthly

· 1 Month if the tenant paid rent yearly

· 30 Days for Mobile Home lot rental

Summary Ejectment

After the landlord has given the tenant the proper Eviction Notice and has waited out the notice period, the landlord now must go to court and file a "Summary Ejectment" case to evict the tenant if they are still in possession of the property. It is illegal for a landlord to physically evict a tenant without going through court procedures. The landlord should go to the Small Claims court in the county where the property is located. The landlord should ask the court clerk for the Complaint form to file a Summary Ejectment case. There will be a filing fee to do this. Once the landlord files the case and pays the filing fee, the court will issue a Summons.

Sheriff Serves the Summons and Complaint

Once the eviction case is filed, the court will give a Summons and a copy of the Complaint to the County Sheriff. It is the County Sheriff's job to deliver these documents to the tenant. These documents will tell the tenant when and where the eviction court hearing will be. The Summons will require the tenant to appear not more than 7 days from the issuance of the Summons. The Sheriff may serve the Summons by mail or in person within 5 days of issuance of the Summons, but not less than 2 days before the scheduled hearing.

Hearing in Front of Magistrate Judge

The landlord must be at the hearing that is set in order to win the eviction. The tenant must show up in order to contest the eviction. Each side will have an opportunity to tell their side of the story, and to present documents and witnessess as evidence. It is recommended that the landlord bring as much evidence as possible in order to win. At the end of the hearing the Magistrate will make a decision. The Magistrate can order the tenant to move out, award money damages (for back rent or damage to the property), or both.

Judgment for Possession

If the landlord wins the eviction case, the magistrate judge will award the landlord a "Judgment for Possession." This is a court order that says the landlord is entitled to possession of the property and that the tenant has to vacate. The magistrate judge can also award a "money judgment" that says the tenant must pay the landlord a certain amount of money.

10 Days to Appeal

If the tenant loses the case, the tenant will have 10 days to appeal the verdict. If the tenant decides to do this, they must give the landlord notice that they are appealing. If the tenant appeals, then the case will have to be heard again in District Court.

Writ of Possession

If the tenant does not appeal the magistrate judge's decision, or if the tenant loses the appeal, then the tenant has to vacate at the end of 10 days. If the tenant does not vacate, then the landlord can ask the Clerk of the Court to enforce the judgment by issuing a "Writ of Possession." Within 3 days the Sheriff will notify the tenant of the Writ of Possession. Within 7 days the Sheriff will padlock the property. The tenant will then have 10 days to remove all personal property, or else the landlord may dispose of it.

Notice

Landlords must provide tenants with sufficient notice when beginning the eviction process. The

minimumamount of time a property owner must provide to a tenant is three days to vacate the

property, pay back rent or correct the violation of the lease. The notice informs the tenant of

the property owner's intent to begin the eviction process. The notice can be posted on the

residence if the tenant is not available to receive the document.

Complaint The next step in the eviction process is the summons and complaint. When a tenant fails to respond to a notice, the landlord can file a complaint with the court. In North Dakota, the court date will be scheduled within 14 days after the landlord files. A sheriff or process server must attempt to serve the tenant with the complaint before posting it on the residence.

Court

Court is an opportunity for the tenant and landlord to state their case to the judge. The judge will determine whether the landlord or the tenant will take possession of the property. The court will order the tenant to vacate the property immediately, but tenants have an opportunity to ask for additional time to vacate. The judge may order no longer than five days for the tenant to leave the property.

Physical Removal

The sheriff accompanies the landlord to physically remove a tenant and his belongings from the property. The landlord must store the tenant's belongings for 30 days, and the tenant is responsible for the cost incurred by the landlord.

Notice to Leave Premises

In the Ohio Eviction Process, the first step in Evicting a Tenant is serving the tenant with a Notice

to Leave the Premises, commonly referred to as a 3 Day Notice. This Ohio 3 Day Eviction Notice gives

the tenant 3 business days to leave the premises, or else the landlord can file an Eviction Lawsuit.

Most tenants will comply with the demand in the 3 Day Notice, but some do not.

Forcible Entry and Detainer Lawsuit

Once a tenant has received a 3 Day Eviction Notice, has not complied, and 3 business days has expired, the landlord should file an Eviction Lawsuit called a "Forcible Entry and Detainer" lawsuit. The court will serve the lawsuit upon the tenant, and a hearing will be set as early as 7 days from when the tenant receives the lawsuit.

Go to the Hearing

The court will tell the landlord when the Eviction hearing will be. At the hearing, the landlord should bring proof that they delivered the 3 Day Eviction Notice (at minimum bring a copy of it), bring the lease, and bring any other witnesses or evidence needed. The landlord will have an opportunity to tell the judge why the tenant should be evicted (usually as simple as "they have not paid the rent"). The tenant, if they show up, will also have the opportunity to "tell their side of the story."

Order of Eviction If the judge rules in favor of the landlord, the court will issue an order of eviction, usually giving the tenant 10 days to move.

Sheriff Removal

If the tenant does not leave after the time given in the Order of Eviction, the court will order the Sheriff or other peace officer to physically remove the tenant by force.

Oklahoma Eviction Notice

The first step in the Oklahoma Eviction Process is the landlord serving (delivering) the tenant with an

Oklahoma Eviction Notice called a Notice to Quit. If the landlord needs to evict the tenant for failure

to pay rent when due (most common reason), the landlord needs to serve the tenant with a 5 Day

Notice to Pay Rent or Quit. This form gives the tenant 5 days to pay the rent, and threatens them

with an eviction lawsuit if they do not. If the landlord needs to evict the tenant for breaching the lease in a manner that affects the health and safety of the tenants or others, the landlord needs to serve the tenant with a 10 Day Notice to Quit. This gives the tenant 10 days to correct the health and safety violation, or else the lease will terminate in 15 Days after receipt of the notice. If the tenant is "committing waste," meaning seriously destroying the property, the landlord needs to serve the tenant with a Notice of Termination, ending the tenancy or lease immediately.

Forcible Entry and Detainer

What if the landlord has served the proper notice, waited out the notice period, and the tenant is still in possession of the premises? Now the landlord needs to go to court for relief. The landlord should go to the clerk's office for the Small Claims Court in the jurisdiction where the property sits. The clerk will tell the landlord if they are in the right place. The landlord will fill out a form to file a "Forcible Entry and Detainer" lawsuit (Eviction Lawsuit). There will be a filing fee. In addition to asking for possession, the landlord can ask for back unpaid rent, late fees, repair costs (if property is damaged), court fees, and attorneys fees. The clerk will issue a "Summons" that says when the court date is. The Sheriff will deliver a copy of the Summons to the tenant, putting the tenant on notice for the hearing. The landlord can also opt to have a private process server deliver the Summons instead of the sheriff. The hearing must be more than 3 days after the tenant is served.

Going to Court Hearing

The landlord (or a landlord's representative) must be present at the hearing in order to win. If the tenant does not appear, then the landlord will win by default. The judge will give instructions before the hearing begins. Each side will have an opportunity to speak to the judge and present evidence. The landlord should bring all evidence necessary to convince the judge to rule in his/her favor. This includes the lease, a copy of the Notice to Quit, rent receipts, photographs, written communication with the tenant, and any witnesses. At the end of the hearing, the judge will make a ruling. If the judge rules for the landlord, the judge can order the tenant to move out, as well as award money damages (back rent, damages, etc.). The landlord will usually have to give the tenant at least 2 days to move after the hearing.

Sheriff Removal

What if the tenant STILL has not moved out after the hearing? The landlord needs to go back to the court clerk, and ask to have the Sheriff physically remove the tenant.

Oregon Eviction Notice

The first step in the Oregon Eviction Process is the landlord serving (delivering) the tenant with a

proper Oregon Eviction Notice that fits their particular situation.

Below are the different kinds of Eviction Notices in Oregon and when to use them:

72 Hour Non-Payment of Rent Notice - Non-Payment of rent is one of the most common reasons for eviction. In Oregon, a landlord can serve a 72 Hour Non-Payment of Rent Notice on the 8th day that the rent is due. This notice tells the tenant that they have 72 hours to pay the rent, or else they will be sued for eviction. This notice may NOT demand late fees, only the unpaid rent. Upon receiving this notice, many tenants will either pay the rent or move out immediately.

30 Day No Cause Notice - If the landlord wants to end a month-to-month tenancy (for any lawful reason), and the tenant has been there less than a year, the landlord needs to serve a 30 Day No Cause Notice. This tells the tenant that the tenancy will end on a certain date (30 days or more from the Notice), and that the tenant needs to vacate by that date or else they will face an eviction lawsuit.

60 Day No Cause Notice - If the landlord wants to end a month-to-month tenancy (for any lawful reason), and the tenant has been there a year or more, the landlord needs to serve a 60 Day No Cause Notice. This tells the tenant that the tenancy will end on a certain date (60 days or more from the Notice), and that the tenant needs to vacate by that date or else they will face an eviction lawsuit.

30 Day For Cause Notice - If the landlord needs to evict a tenant for violating the rental agreement (unauthorized vehicles, disturbing neighbors, etc.), the landlord needs to serve a 30 Day For Cause Notice. This tells the tenant that they have 14 days to correct their lease violation, and if they do not, their tenancy will terminate in 30 days, upon which they must have vacated or else they will face an eviction lawsuit.

10 Day For Cause Notice - If the landlord needs to evict a tenant for violating the rental agreement (unauthorized pets, disturbing neighbors, etc.), AND the tenant has already received a 30 Day Notice for Cause (see above) in the past six months for the exact same lease violation, the landlord only needs to serve a 10 Day For Cause Notice. This tells the tenant that they have 10 days to correct their lease violation, and if they do not, their tenancy will terminate in 10 days, upon which they must have vacated or else they will face an eviction lawsuit.

10 Day Pet Notice - If the tenant is keeping an unauthorized pet at the premises, the landlord can serve the tenant with a 10 Day Pet Notice. This notice states that the rental agreement will terminate in 10 days unless the animal is removed, and if it is not removed in the 10 days the tenant will be sued for eviction.

24 Hour Notice - If the landlord needs to evict the tenant because the tenant is committing violent acts, illegal activity, drug activity, dangerous conduct, or the tenant or tenant's pet has threatened or harmed somebody, the landlord only needs to serve a 24 Hour Notice, which gives the tenant 24 hours to vacate the premises or else be sued for eviction. This notice should be used only in very extreme and outrageous situations.

Serving the Notice

The Notice must be personally handed to the tenant, mailed to the tenant via regular first class mail (adding 3 extra days to the notice to account for mailing time), or posted on the premises AND mailed. It is highly recommended that the landlord serve the notice with a witness to prove it was served. The landlord should keep in mind that they will have to prove this notice was properly served.

Forcible Entry and Detainer

What if the landlord has served the proper notice, waited out the notice period, but the tenant is still in possession of the property? The landlord must now go to court and sue the tenant. The landlord can go to justice court, small claims court, or circuit court for the jurisdiction where their property is located. The landlord should go to the clerks office and ask to file a "Forcible Entry and Detainer" lawsuit. The clerk will have a Complaint form for the landlord to fill out. There will be a filing fee. The clerk will issue a Summons that says when the First Appearance Court date will be held. It will be held 7 days after the tenant receives the Summons and Complaint form. The court clerk will have the tenant served, usually by posting and mailing.

First Appearance in Court

The landlord must show up to the first appearance in order to win. If either party does not show up, the party that does show will likely win. If the tenant does not show, the judge can order possession of the premises to the landlord. If both parties show up, they will be persuaded to see if there is a way to work out the dispute. If there is not a way to work it out, then a trial date will be set no later than 15 days from this First Appearance.

Trial

The trial is where both sides have an opportunity to speak and present evidence to the judge. Either party can also demand a jury. It is recommended that the landlord bring all evidence needed to persuade the judge to rule in his/her favor. Examples include a copy of the lease, a copy of the eviction notice, documents, rent receipts, NSF checks, photographs, witnesses, etc. After hearing both sides, the judge will make a ruling. If the judge rules for the landlord, the judge will order the tenant to vacate the property by a certain date.

Notice of Restitution

If the tenant has not vacated the premises by the date ordered by the judge, the landlord must go back to the court clerk and request a "Notice of Restitution". The Sheriff will then be directed to post this Notice of Restitution on the property, which gives the tenant 4 days to leave. If the tenant is not out at the end of the 4 days, then the Sheriff will meet the landlord at the property, remove the tenants, and allow the landlord to change the locks. The landlord will have to give the tenant a few days to retrieve their belongings. During this process, the landlord should follow all the Sheriff's directions very carefully.

Failure to Pay Rent

If a landlord in Pennsylvania needs to evict a tenant for failure to pay the rent when due, the landlord

must serve the tenant with a 10 Day Notice to Quit form. This gives the tenant 10 days to move out

of the rental property unless they pay the rent.

Lease Violation If a landlord in Pennsylvania needs to evict a tenant for a breach of the conditions of the lease (unauthorized pets, criminal activity, damaging property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form. HOWEVER, if the lease with the tenant is for more than one year, the landlord needs to serve the tenant with a 30 Day Notice to Quit Form.

Lease Term is Up

If the lease term is nearing the end, and the landlord does not want to renew the lease (either because they do not like the tenant, they want to sell the property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form for leases that are for a term less than a year, and a 30 Day Notice to Quit Form for leases that are more than a year.

Mobile Home Parks

If a Pennsylvania landlord needs to evict a tenant from a mobile home park, the time periods are different. For Notice to Quit forms served for non-payment of rent on or after April 1st and before September 1st, the landlord must give the tenant a 15 Day Notice to Quit form to pay rent or vacate. For Notice to Quit forms served for non-payment of rent on or after September 1st and before April 1st, the landlord must give the tenant a 30 Day Notice to Quit form to pay rent or vacate. To evict a mobile home tenant because the lease term is up or for breach of a lease agreement (lease violation), the landlord must give a 30 Day Notice to Quit form for lease terms of less than a year, and 3 Months Notice to Quit form for lease terms of a year or more.

Proper Service

In order to properly deliver the Notice to Quit, the landlord must either personally hand it to the tenant, leave it at the principal building on the premises, or post it conspicuously on the lease premises. This website always recommends taking a photograph of the delivery method, in case it has to be proved later in court.

Filing a Pennsylvania Eviction Complaint

If after the Pennsylvania landlord serves the notice and the tenant still has not complied or moved out, then the landlord needs to file a Complaint with the Justice of the Peace for the district where the property sits. The Justice of the Peace will issue a Summons, which will be served upon the tenant by either a constable, sheriff, or process server. A hearing will be set 1 to 2 weeks after the filing of the complaint by the landlord. At the hearing, each side will be able to present their case to the judge. The landlord needs to show the lease (if there is one), the eviction notice that was properly served on the tenant, and any other evidence that the court requires. The judge has the power to award the landlord possession of the premises, money damages, and unpaid rent.

Writ of Possession

If the judge rules in favor of the landlord, the tenant will have 5 days to vacate. After the 5th day, the judge can issue a Writ of Possession ordering the Sheriff to go to the premises and forcibly remove the tenant. Tenant can Appeal It is also important to note that the tenant may appeal the judgment within ten days of losing the eviction hearing, but to stop removal by the sheriff the tenant must deposit rent into an escrow account with the prothonotary at the county courthouse.

Grounds for Eviction

Tenants must be at least 15 days late in submitting their rent payment. If the eviction is based on

another complaint against the tenant, the landlord must send a 20-day notice, which gives the

tenant an opportunity to answer.

Notice and Response

For nonpayment of rent, the landlord begins the eviction process with a five-day notice. The notice lists the date on which the rent was due, and the overdue amount. The tenant has five days to respond. 

Hearings

After five days have elapsed with no response, the landlord may file a complaint in civil court. The clerk will set a date for hearing nine days ahead. All hearings take place on weekdays.

Eviction

If the issue is not resolved at the hearing, the landlord can obtain an eviction notice. The eviction action can take place after an additional five days have passed. The tenant may appeal the eviction.

Month-to-Month Lease

In the case of a month-to-month rental agreement, the landlord must issue a 30-day notice to the tenant. After 30 days, the landlord can file a complaint, which the tenant has 20 days to answer. A court date is then set at least 10 days in advance.

Grounds for Eviction

Tenants must be at least 15 days late in submitting their rent payment. If the eviction is based on

another complaint against the tenant, the landlord must send a 20-day notice, which gives the

tenant an opportunity to answer.

Notice and Response

For nonpayment of rent, the landlord begins the eviction process with a five-day notice. The notice lists the date on which the rent was due, and the overdue amount. The tenant has five days to respond. 

Hearings

After five days have elapsed with no response, the landlord may file a complaint in civil court. The clerk will set a date for hearing nine days ahead. All hearings take place on weekdays.

Eviction

If the issue is not resolved at the hearing, the landlord can obtain an eviction notice. The eviction action can take place after an additional five days have passed. The tenant may appeal the eviction.

Month-to-Month Lease

In the case of a month-to-month rental agreement, the landlord must issue a 30-day notice to the tenant. After 30 days, the landlord can file a complaint, which the tenant has 20 days to answer. A court date is then set at least 10 days in advance.

3 Reasons to Evict In South Carolina

A landlord may evict a tenant for 3 reasons:

· Non-Payment of Rent (Most Common Reason)

· Staying in the Property after the lease term has ended (called a holdover)

· Lease Violation (unauthorized pets, causing damage, criminal activity, etc.)

South Carolina Eviction Notice

The first step in the South Carolina Eviction Process is serving the tenant with a proper South Carolina Eviction Notice. South Carolina has different notices for different reasons. If a landlord needs to evict a tenant for non-payment of rent, the landlord needs to serve (deliver) a 5 Day Eviction Notice. If a landlord in South Carolina needs to evict a tenant for a lease violation, the landlord needs to serve a 14 Day Eviction Notice. These eviction notices give the tenant an opportunity to cure the problem before the deadline, or else they will be sued for eviction. It is important that the landlord checks their lease also. Some leases give the tenant more than the standard 5 or 14 days to cure the problem.

If the landlord needs to evict a tenant simply because the lease term is up (or will be up), the landlord should look to the lease. If the lease does not address the notice period to end a tenancy (or if the tenancy is for an uncertain term), then the landlord needs to serve a 20 Day Notice to Terminate Tenancy. If the tenant is on a month-to-month tenancy, the landlord should serve a 30 Day Notice to Terminate Tenancy. If the tenant is on a week-to-week tenancy, the landlord should serve a 7 Day Notice to Terminate Tenancy.

Ejectment Action

What happens if the landlord has served the Eviction Notice, waited out the notice period, and the tenant is still there? The landlord needs to go to court for relief. The landlord should find the magistrate court for the jurisdiction where the property sits and tell them they need to file an Ejectment Action against their tenant. The clerks office at the magistrate court can tell the landlord which court is the correct one. The clerks office will give the landlord the proper forms to use. The landlord will fill out and file an Affidavit (sworn statement) and an Application of Ejectment. There will be a filing fee. Then the court will issue what is called an Order to Show Cause and have the Constable or Sheriff deliver it to the tenant along with the Affidavit and Application. It will give the tenant 10 days to settle the case with the landlord, or request a hearing to prove why they should not be evicted. If the tenant does neither, the landlord will win by default. If there will be a hearing, the court will set a court date.

Going to Court

If the court sets a hearing, the landlord must be present in order to win the ejectment action. If the tenant does not show up, the landlord will win by default. If both landlord and tenant are present, the court will hear the case. The landlord should bring all evidence and paperwork needed to prove the case, including the eviction notice, the lease, communication letters or emails with the tenant, pictures, witnesses, etc. The judge cannot rule for the landlord without evidence. If the judge rules for the landlord, the landlord should request a Writ of Ejectment immediately, or find out how soon the court can issue one.

Writ of Ejectment and "Set-Out"

The Writ of Ejectment authorizes the physical removal of the tenant. Once the Court issues it, the Constable or Sheriff will deliver it to the tenant within 5 days. Once delivered to the tenant, it will give the tenant 24 hours to vacate the property. If they do not, the Constable will contact the landlord for a time for physical removal, called "Set-Out." At Set Out, the landlord must provide their own movers to remove the tenant's property to the curb. The Sheriff or Constable is simply present to "keep the peace" during the process.

Notice

South Dakota codified law chapter 21-16 section 2 details the specific notice needed before a landlord

can begin an eviction lawsuit. A three-day notice to quit/vacate is required. The landlord uses this

notice to terminate a lease before it ends due to nonpayment of rent, lease violations or a tenant

using the property for unauthorized or illegal activity.

This statute also establishes the method for legal service. A South Dakota landlord must serve the tenant with this notice as though it were a summons. The first notice service must be made by hand. If the tenant is missing or unavailable after six hours from the first attempt, the landlord can use an alternative method of service. This method consists of delivering the notice to another occupant of the home, posting the notice on the front door and sending it via first-class mail. The South Dakota tenant can avoid eviction action by leaving during the notice period or by fixing the problem by paying the rent or adhering to the lease clauses.

Hearing

Once the three business day notice period has expired, the landlord can go to the magistrate or circuit court that has jurisdiction over the area the property is located in. The South Dakota landlord fills out a summons and complaint form, known as an unlawful detainer or forcible entry lawsuit. The tenant is summoned by a process server, and the hearing can take place between four to 30 days from the summon date.

The hearing results in a default judgment for the landlord if the tenant does not show up. Otherwise the judge hears both arguments in regards to the eviction. Evidence includes lease agreements, rental ledgers and witnesses.

Eviction

The eviction action is called an execution for possession. The judge grants an execution for possession if the tenant refuses to leave the rental unit after the judge ruled against him. The sheriff or another law enforcement officer executes the eviction by removing the tenant from the rental unit. The landlord may bring along a locksmith to change out the locks. Once the sheriff has removed the tenant, any tenant property is inspected. Property worth less than 500 dollars can remain in the property as long as it is secure, and after 10 days it is considered abandoned by the tenant. Property worth more than 500 dollars must be put into storage at the landlord's expense. He must store the property for 30 days, after which it is considered abandoned.

Tennessee Eviction Notice

The first step in the eviction process in Tennessee is when the landlord serves the tenant with an

eviction notice. If the landlord is in one of the counties covered by the Uniform Residential Landlord

and Tenant Act, then eviction takes a little more time. In those counties, to evict a tenant for

non-payment of rent or for breaching the lease, the landlord should serve the tenant with a 30 Day

Notice. This 30 day notice will state that the tenant must fix the problem within 14 days, or else the lease will terminate at the end of the 30 days. If the tenant is doing something that creates serious damage or harm to others, the landlord can serve the tenant with a 3 Day Notice to Vacate. This should only be used for serious damage or violations of health or safety. It is important for the landlord to check the lease. Some leases say that no notice is required for non-payment of rent. If that is the case, the landlord can go strait to court for relief. However, it might be better to give notice anyway, to give the tenant an opportunity to pay the rent (and let them know you are serious).

If the property is not in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then the landlord only needs to serve a 14 Day Notice to evict for non-payment of rent, extensive damage, or health and safety violations. All other breaches need a 30 Day Notice.

Detainer Warrant

Once the Notice period in the Eviction Notice has run out, and the tenant is still there, the landlord needs to go to court for help. The landlord should go to the court that handles evictions for the jurisdiction where the property sits (usually General Sessions Court), and ask the court clerk for a Detainer Warrant to be issued. There will be a filing fee. The Sheriff will the deliver the Detainer Warrant to the tenant. It will tell the tenant when and where the court date is.

Going to Court The landlord needs to appear at the court date to win the eviction. If the tenant does not show, then the landlord will win by default. If the tenant shows up, then both sides will have to present their case (their "side of the story") to the judge. The landlord should bring all evidence to court, including the lease, a copy of the eviction notice, documents, rent reciepts, witnesses, etc. The judge will then make a ruling. If the judge rules for the landlord, the tenant will have 10 days to vacate the premises. The judge can also award the landlord back rent and money for damages. During this 10 days, the tenant can appeal the judgment if they want to. If they appeal, there will be another hearing in Circuit Court, upon which the landlord must prove their case before the landlord can gain possession.

Sheriff Removal

If the tenant is still in possession after the expiration of 10 days from the judge's order to vacate, the landlord must go to the court clerk and apply to have the Sheriff remove the tenant. The Sheriff has the power to physically remove the tenant and the tenant's belongs on the 11th day after the order was handed down. The landlord can never physically evict the tenant themselves.

Texas

Eviction in Texas: Doing an Eviction in Texas can be broken down into 4 steps:

1. Giving the Tenant a Notice to Vacate

2. Filing an Original Petition to start a lawsuit against the Tenant

3. Going to Court for your Hearing

4. Filing a Writ of Possession to order the Constable to remove the Tenant

Texas also provides a way to lock out a Tenant who is delinquent in paying rent. This process is discussed at the end of this section.

Notice to Vacate

Delivering the Notice to Vacate The Notice must be delivered in accordance with Texas law to be valid. There are a couple different ways you can deliver it:

1. Personal Delivery the landlord may hand deliver the notice to the tenant or to any person residing at the premises who is 16 years of age or older. The landlord may also personally deliver the Notice to the property by affixing it to the inside of the main entry door (in case nobody is home). If the property has no mailbox, and there is no way for the landlord to enter the property (deadbolt, dangerous animal, etc.), then the Landlord may affix the Notice to the outside of the main entry door.

2. Mail The law also allows the landlord to mail the Notice to the tenant by regular mail, registered mail, or certified mail with a return receipt. However, some judges will not accept regular mail as a form of service, so it is highly recommended the landlord send the notice by certified mail.

Time Periods

If you have a lease with a Tenant, check the lease to see how many days notice the landlord must give a Tenant in the Notice to Vacate. The standard is 3 days, and if is no lease with the Tenant, then it is 3 days. The clock starts ticking for them to vacate when the Notice is actually delivered (not when it is mailed). The landlord MUST wait out the tenants notice period (usually the 3 days) before the landlord files the lawsuit.

The Original Petition

After the landlords Notice period is up and the Tenant is still occupying the property, the landlord needs to go to Court for help. The way the landlords does this is by filing a lawsuit against the Tenant called a "Forcible Entry and Detainer" lawsuit. This sounds tricky, but is actually quite simple.

1. The Original Petition is what starts the lawsuit. Depending on the County, it is also called a Complaint, Original Complaint, Complaint for Eviction, Forcible Entry and Detainer, and other similar variations. Most Justice of the Peace Courts have an Original Petition that you can use available in their lobby, but you are almost always welcome to use your own as long as it complies with Texas Law.

2. Military Affidavit This is more formerly called an "Affidavit of Military Status of Defendant." The purpose of this form is to protect the rights of members of our military while they are off protecting us. You simply check whether or not you think your Tenant is in the military. This form is filed along with the Original Petition.

Where to File

The landlord must file the lawsuit with a Justice of the Peace Court in the Precinct that the property is located in. Most counties in Texas are broken down geographically into Precincts. It is the lanlords job to find out what precinct the property is located in. There are a few ways to do this. The landlord can go to your County's website and see if they have a Precinct map. The landlord can also call any Justice of the Peace Court in the County, give them the property's address, and they will simply tell you.

Filing Fees

Filing Fees are different for every Court, but they will generally be under $100.00, and that includes filing the case, having the Clerk prepare a Citation to be given to the tenant, and having the constable or sheriff serve (deliver) the Citation to the tenant.

Notarize the Forms

The landlord must get the Original Petition and Military Affidavit notarized before they are filed. The Court Clerk can do this when the cases are filed. They may charge a small fee to do this.

Court Date

The Court Date is given when the landlord files the Original Petition and Military Affidavit, the Court Clerk will give a time and date for the eviction hearing (court date). The landlord will show up to Court on that date to prove his/her case to the judge.

Meanwhile, what is the Court Doing?

The Court Clerk is going to prepare a "Citation" that tells the Tenant they are being sued for possession of the property and when the court date is. The county constable or sheriff will then serve (deliver) the Citation and the Original Petition to the Tenant. The Tenant must have at least 6 days between being served the Citation and the court date.

So now the Tenant has gotten your Notice to Vacate, has been served a Citation and Original Petition by the constable, and still has not vacated. It is now time to go to court.

. A copy of your Notice to Vacate

. Your Lease with the Tenant

. Any witnesses you need to prove something (a lease violation perhaps)

. Any other evidence (warning letters, rent receipts, ledgers, etc)

When you show up for your court date, politely ask a clerk or bailiff where you should go for eviction hearings. They will usually direct you into a waiting room or directly into the courtroom. Always dress professionally and use your best manners when entering the courtroom. Do not, and I mean DO NOT allow your cell phone to ring in the courtroom. Some judges will confiscate it  for 1 week, while others will fine you $500.00 on the spot.

The judge will give instructions to the courtroom, and will sometime "swear in" the entire room at once. When your case is called, you will go up in front of the judge. The judge will take control of the conversation, ask you questions, and tell you what to do.

If your Tenant does not show up, the judge will award you a "Default Judgment." This means you win automatically because the Tenant did not show up to defend themselves. If your Tenant  shows up and defends the case, then the judge will render a decision either in favor of you or the Tenant after you have both presented your sides. If the judge rules in your favor, then you will get a Judgment that says you are entitled to possession.

Now that you have won the initial suit, your Tenant has 5 days to leave or to file an appeal in the County Court. For your Tenant to file an appeal, they will have to post 2X the judgment amount or a surety bond, or submit a "Pauper's Affidavit" alleging they cannot afford to post a bond. If your Tenant files this appeal, you will have to argue the case again at the County Court level.

So you have won your lawsuit, the 5 day appeal period has passed, and your Tenant is still there. On the 6th day from when you won your lawsuit, you may file a "Writ of Possession." This form is available from the court where your lawsuit was, and will generally cost around $200.00 to file.

The Writ of Possession orders the Constable to oversee the physical removal of your Tenant and your Tenant's property. The Constable will post a 24 hour Notice to Vacate on the property, and after that will show up and physically remove the Tenants if necessary. Talk to the Constable beforehand to see if you will need to bring people to move the Tenant's belongings onto the curb.

Advanced Eviction in Texas: Faster ways to Evict

If you prevail in Court, doing an eviction by filing a Bond for Immediate Possession could shorten the eviction process down to 10 days. But if the Tenant requests a trial or appeals the case, the time will be just as long as a regular eviction case. This procedure includes giving a notice to the Tenant and posting a bond with the Court for surety or cash. If you lose your case,

you will lose all or part of your bond. If you wish to file an eviction this way, contact the Justice of the Peace Court for your precinct and inquire as to procedure and forms.

Texas law provides a way to lock out a Tenant that is delinquent in paying rent. However , this is really more of a scare tactic, because the landlord has to let the Tenant back into the property immediately upon the Tenant's request even if the Tenant does not tender the del inquent rent.

There are strict rules on locking out a tenant so make sure you do this with good counsel. Here are the steps:

. 3 days before locks are changed, post a notice on the inside of the main entry door that says (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; and (C) the name and street address of the individual to whom , or the location of the on-site management office at which, the delinquent rent may be paid during the landlord's normal business  hours.

. Change the Lock, and at the same time place a notice on the front door that says (1) an on­ site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and (3) the amount ofrent and other charges for which the tenant is delinquent.

A landlord may not change the locks on the door of a tenant's dwelling on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.

A landlord who intentionally prevents a tenant from entering the tenant's dwelling must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.

If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the posted notice and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.

If a landlord violates these provisions, the tenant may: ( 1) either recover possession of the premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord .

Utah Eviction Notices

The first step in the Utah Eviction Process is terminating the landlord tenant relationship by serving a

Utah Eviction Notice. In Utah, there are different kinds of Eviction Notices for different situations. The

most common is the 3 Day Pay or Vacate Notice which is used to evict a tenant for not paying the

rent. It gives the tenant 3 days to pay the rent, vacate, or else be sued for eviction. Another common

Utah Eviction Notice is the 3 Day Notice to Comply or Vacate which is used to evict a tenant for not following the terms of the lease.

A Utah landlord must serve a 15 Day No Cause Notice in order to end a month to month lease or give the tenant notice that a regular lease will not be renewed. Before serving this notice, the landlord should look carefully at the written lease, as it may require 30 days notice instead of 15.

In order to evict a guest who will not leave, or evict a tenant who has stayed past the end of their lease, the landlord must serve a 5 Day Tenant at Will Notice to the tenant.

Methods of Serving the Utah Eviction Notice

There are a few different methods of properly serving a Utah Eviction Notice. Service must be done properly, and the landlord must be able to prove the service was done property, in order for service to be effective: -Personal Delivery is where the landlord literally hands the tenant the Eviction Notice. -Posting. This is where the landlord post the Eviction Notice in a conspicuous place on premises because no body answered the door. -Registered or Certified Mail. Do this at the post office so you get the receipt. -Hand Deliver the Eviction Notice to a person of "suitible" age who is at the premises, AND mail the notice (both must be done for service to be effective).

Unlawful Detainer

After the tenant has been served, and the notice time has expired, the next step in the Utah Eviction Process is the landlord filing a lawsuit against the tenant called a "Unlawful Detainer" lawsuit. The landlord files this in the District Court for the area where the property is located. If not sure, the landlord should call a District Court to find out. Upon paying a filing fee, the District Court Clerk will prepare a Summons and Complaint. This will be delivered to the tenant by the Sheriff or Constable telling the tenant they are being sued for eviction, and that they have 3 days to answer the Complaint. If the tenant does not answer in the 3 days, then the landlord wins the case automatically (called a default judgment). If the tenant does answer, then the case proceeds as a civil case, and ultimately the judge or jury will render a decision after a hearing or a trial.

Order of Restitution

After the landlord has won a judgment against a tenant (by default or otherwise), and the tenant still has not vacated, the next step in the Utah Eviction Process is the landlord obtaining an Order of Restitution. This is a court order that directs the Sheriff or Constable to forcibly remove the tenant.

Legal Steps in Eviction:

Pretrial The eviction process begins with the landlord providing written notice to the tenant, called a

"Notice of Termination of Tenancy" or "Notice to Quit," according to the Vermont Law Help website.

The date to leave the premises or pay back rent must be at least 14 days after the delivery of the

notice. If the date specified in the notice passes and the tenant is still on the premises, the landlord

must file a summons and complaint to the Superior Court. This document must be "served" to the tenant by a law enforcement officer. The tenant must respond in writing to the summons within 20 days of receiving it. Responding is the tenant's opportunity to bring the case to trial, and share his perspective on the situation. If the tenant doesn't respond, the court will "issue a default judgment" in favor of the landlord.

Legal Steps in Eviction:

Trial and Post-trial The tenant will receive written notice of the date and time of the trial, and may bring witnesses or other evidence to support his case. The case then goes to trial, also called a "merits hearing." After hearing both sides, the court offers a "judgment," or decision on the case. If the court decides the tenant must leave, the landlord will get a "writ of possession," which allows the sheriff to remove the tenant in as little as 10 days. At any point in this process, the landlord and tenant may attempt to settle out of court for some amount of money or other agreement. The Vermont Law Help website recommends both parties consult lawyers if attempting to settle.

Reasons for Eviction

A tenant can be evicted for non-payment of rent, breaking any part of the rental agreement or criminal activity, according to the Vermont Statutes Online. Tenants can also be evicted for "no cause" if they don't have a lease; in that case, landlords must give them 60 or 90 days notice if they've occupied the premises for less or more than two years, respectively. In the city of Burlington, these times are extended by 30 days.

Illegal Evictions

A landlord can never attempt to hurry the process of eviction by making the premises inhospitable in any way, turning off utilities, changing locks, or putting the tenants' possessions out on the street, according to the Vermont Law Help website. A tenant should notify the police and contact a lawyer if the landlord uses any of these illegal techniques.

Virginia Eviction Notice

The first step in the Virginia eviction process is serving the tenant with a written eviction notice. If

the landlord is evicting the tenant for non-payment of rent (most common reason), then the landlord

must serve the tenant with a 5 Day Notice to Pay or Quit, also called a "Pay or Quit." This notice tells

the tenant that if they do not pay the full rent in the 5 day time period, then they will be sued for

eviction. If the landlord is evicting the tenant for breaching the lease in a manner that affects health and safety, the landlord must serve a 30 Day Notice that tells the tenant they have 21 days to remedy the breach or else the lease will terminate at the end of the 30 days. This confusing notice is called a "21/30 notice." If the landlord is evicting the tenant for committing a breach that is not remediable, then the landlord can simply serve a 30 Day Notice that says the lease terminates in 30 days. If the landlord is evicting the tenant for breaching the lease in a criminal or willful manner in a way that threatens health and safety, the landlord can give an Immediate Notice of Termination, which says the lease is terminated immediately. If the landlord wants to end a month-to-month tenancy, the landlord needs to give a 30 Day Notice. If the landlord wants to end a week-to-week tenancy, the landlord needs to give a 7 Day Notice.

Unlawful Detainer

Once the landlord gives the tenant notice, and the tenant has not vacated after the notice period, the landlord needs to head to Court. It is illegal for a landlord to evict a tenant without going through court proceedings. Most evictions are filed in the General District Court for the jurisdiction in which the property sits. Sometimes eviction cases are filed in Circuit Court. The landlord will file the Unlawful Detainer case with the clerk of the court, and the court will issue a "Summons." The Unlawful Detainer and Summons will be served (delivered) to the tenant by a Deputy Sheriff, either in person, or by posting on the property and mailing. The Summons will tell the tenant when and where the court hearing will be.

The Hearing

The eviction hearing is where each side can present their case to the judge. If the tenant does not show up, the landlord can win by default, and can even get a Writ of Possession issued that day. In order for the landlord to prove their case, they should bring all documents and witnesses to the hearing. This includes the lease, a copy of the notice that was served, rent receipts, etc. The judge will make a determination based on testimony and evidence. If the judge rules for the tenant, then the tenant can stay. If the judge rules for the landlord, the landlord will win possession of the property.

Writ of Possession

Once the landlord wins possession at the hearing, the tenant will have to move. If the tenant does not move, the landlord can obtain a "Writ of Possession" from the court. The Writ of Possession tells the Sheriff to physically evict the tenant. The Sheriff will serve the Writ of Possession on the tenant, and it will give the tenant 72 hours to vacate. If they do not vacate by then, the Sheriff will physically remove them. If this happens, the tenant will have 24 hours to contact the Sheriff to come back to the property and remove the remainder of their belongings.

Washington State Eviction Notice

The first step in the Washington eviction process is the landlord serving the tenant with an eviction

notice form. The eviction notice in Washington is called a "3-Day Notice to Pay Rent or Vacate" if the

landlord is evicting for non-payment of rent (most common reason). If the landlord is evicting the

tenant for breaking the rules in the rental agreement (unauthorized pets, etc.), then the landlord needs

to serve the tenant with a 10-Day Notice to Comply or Vacate. This will give the tenant 10 days to fix the problem, or else the landlord can sue for eviction. If the landlord is evicting the tenant for creating a "waste or nuisance" (property damage, drug activity, etc.), then the landlord needs to serve the tenant with a "3-Day Notice to Vacate" (there is no opportunity for the tenant to cure the problem, they simply must leave or be sued for eviction). If a landlord simply does not want to renew the lease with a tenant, he must give the tenant a 20-Day Notice to Terminate Tenancy (must be given to tenant at lease 20 days before the end of the lease).

Serving the Eviction Notice

In the State of Washington, the landlord must first attempt to serve (deliver) the eviction notice to the tenant in person. If the tenant is not home, the landlord can leave the notice with someone at the property, AND mail a copy (the landlord must do both to make this effective). If no person is at the property, the landlord can post the notice on the property AND mail it (again, the landlord must do both). It is usually best for the landlord and a witness to personally serve the notice on the tenant.

Complaint for Unlawful Detainer

After the landlord serves the tenant with the notice, and the tenant has failed to comply, the landlord must seek relief in court. The landlord should go to the Superior Court for the jurisdiction where the property sits, and ask to file a Complaint for Unlawful Detainer. There will be a filing fee to file the complaint. The Court will then issue an Eviction Summons which will be served upon the tenant. The tenant will have a certain amount of time to answer the summons. If they do not answer, then the landlord wins by default. If the tenant does answer, then the court may want the landlord and tenant to appear at a "Show Cause Hearing."

Show Cause Hearing

This is a hearing where the landlord and tenant will each have an opportunity to prove their case and tell their side of the story. The judge will give instructions on how the hearing will go. The landlord should bring all evidence necessary to prove their case, including witnesses, photographs, documents, (the lease and eviction notice), etc. At the end of the hearing, the judge will make a decision. If the judge rules for the tenant, then the tenant can stay. If the judge rules for the landlord, then the tenant will have to move. The judge may also award the landlord money, for back rent, damages, etc. Rarely, the judge will want to have a full blown trial to decide the outcome, which must happen within 30 days.

Writ of Restitution

When the judge rules against the tenant, the judge will tell the tenant when they must leave. If the tenant is still in possession of the property after that date, the landlord should go to the court clerk and request a "Writ of Restitution." The sheriff will then deliver this "Writ of Restitution" to the tenant, which will tell the tenant to leave in a certain number of days, or else the sheriff will physically remove them.

Written Notice

Before landlords can legally evict their tenants, they must give them a written eviction notice.

Landlords must provide written notice at least one full rental period before the date of eviction.

Tenants with monthly lease agreements must have at least 30 days' prior written notice of

eviction before their landlords can evict them. For instance, if a landlord provides his tenant with

notification on June 10, and the tenant pays rent on the first of every month, then he has until July 30 to move. After providing the written notice, a landlord must file a suit for eviction in court.

Exceptions

West Virginia law allows landlords to file for eviction without written notice against tenants who are behind in their rent payments or violate their lease agreements by filing a summary eviction suit. For nonpaying tenants, the state provides them with a right to cure their violation by offering full tender. Full tender requires tenants to pay all delinquent rent payments, court fees and attorneys' fees. However, tenants also have legal rights when offering full tender, and they may request a summary dismissal from a magistrate judge.

Summary Eviction

After providing written notice of eviction, landlords may sue their tenants in court for illegally holding over their property. They must serve their tenants with notice by hiring a process server or asking the sheriff's deputy to serve the summons and complaint. West Virginia allows landlords to seek summary evictions against tenants by filing a "Petition for Summary Relief for Wrongful Occupation of Residential Property." The summary eviction process allows landlords to expedite the standard West Virginia judicial eviction process by quickly setting a court date within five to 10 days from filing the petition. Unlike the suit for judicial eviction or unlawful detainer, landlords cannot request monetary awards for unpaid rent or property damage without a trial. If the tenant appears in court on the hearing date, a judge can award money and evict her. However, if she fails to appear in court, the landlord may only request an eviction and not monetary damages. Tenants have five days to contest their summary evictions by filing an answer.

Illegal Acts

Landlords in West Virginia cannot forcefully evict their tenants by removing personal property, disconnecting utilities, changing locks or threatening imprisonment against their tenants for nonpayment of rent, breaching lease provisions or failing to move out by the end of the tenancy. Tenants can file complaints with the West Virginia Attorney General's Consumer Protection Division against their landlords who engage in self-help evictions or use illegal methods to evict their tenants.

Wisconsin Eviction Notice

The first step in the Wisconsin Eviction Process is the landlord serving the tenant with a Wisconsin

Eviction Notice. The most common type of Eviction Notice in Wisconsin in the 5 Day Pay or Quit Notice,

however there are other types. If the tenant is late on rent, the landlord should serve them with the

common 5 Day Pay or Quit Notice, which tells the tenant that if they do not pay the rent in 5 days,

not counting weekends or the day it is served, then the landlord will sue them for eviction. If the tenant has committed a lease violation, the landlord must serve the tenant with a 5 Day Notice for Lease Violation. This will give the tenant 5 days to take "reasonable steps" to correct the lease violation, or else the landlord will sue for eviction. If the landlord has received notice from a law enforcement agency that the house is being used to sell drugs, then the landlord can serve a 5 Day Notice with No Right to Cure (meaning the tenant still has to move even if they stop selling drugs).

Landlords for Month-to-Month Tenants and Week-to-Week Tenants have an extra option. If the tenant is late on rent or has committed a lease violation, the landlord may serve them with a 14 Day Notice to Quit with no right to cure. That means that even if they try to pay the rent or correct the lease violation, the landlord can still evict them. This should only be used by landlords who do not want to give the tenant the opportunity to fix the problem (the landlord simply wants the problem tenant out). This 14 Day Notice can also be served upon tenants who are in a lease of 1 month or more IF AND ONLY IF they have received a 5 Day Notice for the same kind of violation in the past 12 months.

Tenants that are in leases for more than a year (2 year lease, 3 year lease, etc.) have more protection. To begin evicting those tenants, the landlord must serve a 30 Day Notice, which gives the tenant 30 days to pay the rent, correct the lease violation, etc., or else the landlord will sue for eviction.

File the Eviction Complaint

After the tenant has received proper notice, and still has not moved out, the landlord must go to court to beginning the eviction lawsuit. The landlord should go to the Circuit Court Clerk in the county where the property is located, and ask for a Small Claims Summons and Complaint Form. Fill out the form and file with the clerk. There will be a filing fee. Ask the Clerk if they can have the Sheriff or Constable serve the Summons and Complaint. If they cannot, then ask them for a private process server who can do it. The Summons and Complaint must be served (delivered) on the tenant at lease 5 days before the first court date. The clerk will tell you when the court date is, and this will also be on the Summons. Proof that the Summons and Complaint were served must be filed with the court before the first court date.

First Court Date

In order for the landlord to win, they must be present at the first court date. If the tenant does not show up, then the landlord will probably win by default. If both parties show up, the court will see if it is possible for them to settle. If it is not possible (if rent has not been paid), then there will be a second court date where there will be a trial.

Second Court Date (Trial)

If the tenant does not show up to this court date, then the landlord will win by default. If the tenant does show up, then each party will have an opportunity to explain their side in front of the judge. In order to win, the landlord should bring all paperwork (lease, copy of notice, rent receipts, etc.), witnesses, and other evidence needed to prove the case. The judge cannot rule for the landlord unless there is evidence. The judge can award a money judgment, possession, or both to the landlord.

Writ of Restitution

What if the judge has awarded the landlord possession, but the tenants STILL have not moved out. The landlord must go back to the court clerk and request a "Writ of Restitution." This will cost another filing fee. The clerk will give you the Writ and you must take it to the Sheriff to serve on the Tenant (the sheriff will charge a fee also). The tenant will have 10 days to move.

24 Hour Sheriff's Notice

If the tenant has not moved out after the 10 days in the Writ of Restitution, the sheriff will post a 24 hour notice on the premises, telling the tenant that they will be physically removed in 24 hours. After the 24 hours is up, the sheriff will physically remove the tenant (most evictions never get this far, because the tenant moves out earlier in the process).