Types of Eviction
By Sadiya Anjum
Eviction is a legal process where a landlord forces the tenant to leave the property usually on a permanent basis. Most of the time, eviction is carried out when the tenant has failed to pay rent or has caused major damage to the property. Eviction can be carried out for other reasons or in different ways. Here are three different kinds of evictions:
Just Cause Eviction – This eviction requires the landlord to have a valid reason for forcing his tenants to move out like non-payment of rent or damage to the rental property. A serious breach of the lease agreement by the tenant can be reason enough for the landlord to use this type of eviction against him. “The serious breach” should obviously be sufficiently strong enough a reason to be presented in court for the approval of the eviction process. The procedure for this eviction is as follows: the appropriate documents must be filed in court which has to be reviewed along with the evidence before the magistrate reaches a decision. If the eviction is approved, an eviction notice must be served to the tenant providing him with a certain period of time to vacate. Should the tenant refuse to move out within the specified period, then law enforcement may get involved and the landlord can reassume possession of the property.
Eviction without Cause – As the phrase suggests, the landlord is not required to have a serious cause to evict his tenants. This type of eviction is only present in certain cities and states. However a tenant cannot be evicted if the term of tenancy has not yet been completed. If there is time left on the tenancy, the eviction can occur only as a ‘Just Cause Eviction’. After the tenancy period is completed, the landlord can employ this kind of eviction. But ‘Eviction without Cause’ cannot be used to discriminate or retaliate against a tenant.
Constructive Eviction – is a more creative form of eviction that the landlord may employ. But this needs to be done carefully as the tenant can either take remedial or legal actions. Constructive Eviction is when the landlord forces the tenant to leave by making the living conditions of the property unbearable like cutting off utilities or locking the tenant out. In both cases, the tenant can remedy the situation at his expense and file a lawsuit against the landlord. This type of eviction is not very common and the landlord will have to take legal advice before resorting to this. The tenant has several legal options open to him in case he is forced to leave in this manner.
Eviction is a long procedure and is best avoided. One needs to know all the laws before venturing on this action with the aid of an attorney. In any case, its best to have a basic knowledge of the procedure and make sure that you know your rights as a tenant or a landlord.
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