The Truth About Eviction and What Your Landlord Doesn't Want You to Know

The Cold Hard Facts:

1. Your landlord can evict you for not paying rent.

This can happen if rent is not paid at all or if the rent is not paid in full. Additionally, it can happen if you pay the rent late.

2. Your landlord can evict you if you do not adhere to the terms and conditions of the lease.

3. Your landlord can evict you if you damage the property.

The Good News:

1. A landlord can only evict you if he takes you to court.

Under most state laws, a landlord must file in court and wait until the parties are properly served. This can take up to 10 days.

2. A landlord cannot personally force you out of your apartment or house.

Nor can the landlord utilize the police to force you out on the street before a judge has a chance to hear your case.

3. A landlord cannot stop you from entering your home or lock you out before you see a judge.

While a landlord may change the lock, he or she must leave written notice on the front door telling you where you may obtain a new key to get in.

Steps Your Landlord Must Take to Properly Kick You to the Curb:

1. The Landlord must give you a Notice to Vacate (also called a 3-day notice letter).

This notice is a personal unofficial letter from the landlord. This is in no way a legal-type looking letter. While on occasion, this letter may be delivered by a sheriff, normally your landlord or your landlord's attorney will send through the U.S. mail. THIS IS IMPORTANT: WHEN YOU RECEIVE THIS NOTICE, IT DOES NOT MEAN YOU MUST IMMEDIATELY MOVE OUT. REMEMBER: YOUR LANDLORD MUST FIRST FORCE YOU GO TO COURT.

2. Following the 3-day notice letter, the landlord must then file an action against you in a Justice of the Peace Court.

This actions is also called a forcible detainer. At this point, a sheriff or constable will serve you with legal papers from the Court which notify you that you must appear before a Justice of the Peace. THIS IS IMPORTANT: WHEN YOU RECEIVE THIS NOTICE OF SUIT, AGAIN, IT DOES NOT MEAN YOU MUST IMMEDIATELY MOVE OUT.

3. The Landlord must give you a chance to talk to a judge.

Normally you will be required to show up in court no less than 6 days and usually no more than 10 days after you get your court papers.

Here you will tell your story to the judge. If you really have no legitimate excuse, still show up and see if you can work out some type of payment plan.

So What Happens........When Must I Get Out?:

1. If the judge decides that you should be evicted, you must leave.

HERE IS THE SILVER LINING IN THIS CLOUD:

1. You can Appeal.

You have five 5 days after the court hearing.

2. You can ask the judge for more time to move out.

3. YOU HAVE TIME BEFORE THEY WILL KICK YOU TO THE CURB.

NORMALLY, YOU WILL HAVE 2 WEEKS FROM THE DATE YOU GO TO COURT BEFORE THE SHERIFF OR CONSTABLE WILL SHOW UP WITH A COURT ORDER (called a Writ of Possession) TO REMOVE YOU AND YOUR PROPERTY.

If you still are unsure about you rights, contact an experienced landlord/tenant attorney to Get Immediate Legal Help Now!

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