Residential Eviction Lawyers

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What is a Residential Eviction?

Residential eviction refers to the process of removing a person from a rented property where he or she has been living. The person who has been living in the rental property is called the tenant. During an eviction, the tenant’s possessions and all personal effects are removed from the premises.

What Are the Grounds for Residential Eviction?

The landlord, who owns the property, orders the Residential Eviction and starts the legal process in order to quickly and permanently remove the tenant from the rented property.

The Uniform Residential Landlord and Tenant Act (URLTA) is a federal regulation that outlines the legal rights and responsibilities of landlords and tenants, as well as legal procedures for residential evictions. States are encouraged, but not required, to adopt URLTA regulations.

Many have adopted the URLTA, but often with amendments and dual enforcement with local laws and codes. Alabama, Alaska, Arizona, Connecticut, Florida, Hawaii, Iowa, Kansas, Kentucky, Michigan, Mississippi, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Virginia, and Washington are all states that have incorporated substantial aspects of the URLTA into their landlord tenant law.

Why Would a Tenant Be Evicted From His or Her Residence?

Common grounds for eviction in most states include:

What Is the Process of Residential Eviction?

In most states, there are a number of steps in a residential eviction process. This gives both the landlord and tenant time to work out their problems without resorting to eviction, since the eviction process is costly and stressful for both parties.

Generally, the landlord is required to give notice to the tenant. The legal termination notice is called a Notice to Quit.

Most often, the tenant can avoid eviction by paying the landlord the back rent owed. If the landlord and tenant cannot devise a suitable plan for allowing the tenant to legally remain in the property, the landlord must get a judgment from the court. Usually these judgments will provide both the monetary relief the landlord is seeking and the order to have the tenant removed.

Since civil court cases can be lengthy and time-consuming, most local municipal courts have a summary judgement process a landlord can use to expedite Residential Eviction. This means an eviction process can be initiated and completed in a matter of weeks rather than months. If a tenant refuses to leave the premises after the landlord receives a judgment against him or her, law enforcement agencies such as the police may be used to complete the eviction.

How Can I Defend Against Wrongful Residential Eviction?

Tenants can defend against an eviction by asserting:

If you believe you were wrongfully evicted and were not able to defend against the actual eviction, you might be able to recover damages in a wrongful eviction lawsuit.

Do I Need a Lawyer?

It is important to consult a real estate lawyer if you think you might be evicted and you have questions about how to protect yourself. If you are evicted and have to appear in court, a lawyer can advise on your specific circumstances and represent you during eviction proceedings. 

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Last Modified: 01-09-2017 03:37 PM PST

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