The Eviction Process: What Your Landlord Can Legally Do

Eviction is where the landlord wants you to move from his property. This could be because you have broken some of the rules in the lease, or haven't paid your rent for awhile. The landlord does have legal steps that he must go through to evict you. While every state has different laws this is an overview of laws that most landlords must go through. You also have rights as a tenant. If you are threatened with eviction you may want to contact an attorney in your state to see what your rights are for your state.

The landlord can't force you out of your home but turning off the utilities, such as water, electric or heat. They can't lock you out while you are away and they can not throw your stuff out on the sidewalk while you are not there. They have to follow the laws for your state which protects not only you as a tenant but them as a landlord.

Your lease can have many options in it about rules you must follow and then what will happen if you break the rules in the lease. For example if your lease states that you aren't allowed pets, and you have pets this could break the lease and the landlord would have reason to evict you. He may give you the option to give your pets away, or may just start eviction proceedings.

The landlord will notify you first usually, if the problems are corrected in a period of time the next step would be that the landlord would file eviction notice papers with the courthouse. This is where you have a chance to respond to the eviction notice in court. If you don't appear in court or respond the landlord can move ahead with the eviction.

After the court date if the judge or magistrate finds in favor of the landlord, you will have to move out of the property. If you didn't appear in court, or lost in court you will have no choice but to move. You may be able to appeal his decision depending on circumstances again you would have to get legal advice. If you lost in court and have no recourse, the next step is the sheriff will come and sever papers on the tenant to give them a time and date that they must vacate the landlord's property.

If you don't have your stuff moved by the date of the eviction, the landlord can have the sheriff's department come and physically move your belongings from the property.

Evictions are never pleasant, but remember that you do have rights as a tenant. Knowing your rights is crucial in these situations to protect them. Not every landlord will play fair make sure yours does play fair and legal.