Help! I'm Being Evicted

This blog will describe the process of an eviction first from the tenant's point of view, then from the landlord's.

First, the landlord will have a reason that he wants the tenant to leave. Depending on the type of lease and landlord's reason the amount of time will vary. For example, a landlord can terminate a month-to-month tenancy by giving his tenant thirty or sixty days' written notice.

Under certain circumstances, the landlord is only required to give his tenant three days' written notice. The most common reason is that the tenant has stopped paying rent. Other reasons include a breach of the lease agreement between the landlord and tenant (i.e., there are people living in with the tenant, not listed in the lease). The tenant has materially damaged the rental property (this called committing waste). The tenant has substantially interfered with other tenants (this is called committing a nuisance). And finally, the tenant has used the rental property for an unlawful purpose such as selling drugs.

Another, although less common reason, is landlord retaliation. For instance the landlord wants to evict the tenant for complaining to a governmental agency about the living conditions or trying to participate in a tenant's union. Finally, there maybe no cause at all.

Once the landlord has decided that he wants his tenant out of his rental property, usually the easiest and most expedient solution for all parties is to negotiate some type of settlement. The tenant may agree to leave immediately, forfeit any deposit, and work out a repayment schedule for past-due rent. Remember, always get everything in writing.

If the landlord and the tenant cannot reach a settlement, then the landlord will usually begin the eviction process, also known as an unlawful detainer proceeding.