Eviction Lawyers

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What is an Eviction?

An eviction is the physical removal of the tenant and his possessions from his rented home or apartment.  Eviction can also be used against commercial tenants.

How Does a Landlord Evict a Tenant?

The landlord must provide the tenant with adequate written notice in a specified way and form, which varies by state.  If the tenant does not move, the landlord must go to court and prove the tenant did something wrong that justified ending the tenancy.

What Should the Eviction Notice Say?

State laws set out very detailed requirements for landlords who want to end a tenancy.  Different types of notices are often required for different types of situations. 

There are three basic types of eviction notices. Note that the exact names and days to respond of each notice may differ from state to state.

Can a Landlord Throw the Tenant and his Belongings out on the Street?

No.  The tenant has a few days to move his things and self out of the space.  After that, the police can come and forcibly remove the tenant.

What Happens To My Property If the Eviction Occurs When I’m Not Home?

The landlord has a number of options regarding property after the tenant has been evicted. The landlord can retain and store the property for a fee. The landlord can move the property elsewhere in the building.

The landlord may not destroy the property nor can the landlord give away the property. If the landlord does so, the tenant can bring a claim for trespass to chattel or conversion. The only exception is if the tenant abandons his or her personal property.

What Defenses Does a Tenant Have Against Eviction?

There are a number of defenses a tenant can use to delay or stop an eviction. These include:

Should I Consult a Lawyer about an Eviction?

Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law that applies to you and represent you in court.  A landlord-tenant lawyer can also review the terms of a lease and help you understand your duties and responsibilities.

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Last Modified: 02-21-2013 11:28 AM PST

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