Evicting a Tenant

Published 31 August 2022Updated 3rd April 2023

Evicting a Tenant

What does it mean to evict a tenant?

To evict a tenant means to force them to leave a rental property by legal means. This typically occurs when a landlord wants to remove a tenant for reasons such as failure to pay rent, violating the terms of the lease, or engaging in illegal activities.

The eviction process involves serving the tenant with a notice and, if necessary, going to court to obtain a legal order for the tenant to vacate the property.

Can I evict my tenant without a reason?

No, a landlord cannot evict a tenant without a reason. The process of evicting a tenant is governed by laws and regulations, and a landlord must have a legally valid reason for doing so, such as non-payment of rent, violation of the lease agreement, or illegal behavior.

The landlord must also follow the proper legal procedure for eviction, which typically involves providing written notice and, if necessary, obtaining a court order. Eviction without a valid reason or without following proper procedure is illegal and can result in penalties for the landlord.

What is a notice of eviction?

A notice of eviction is a written notice given by the landlord to the tenant informing them that they need to vacate the rental property. The notice typically includes the reason for eviction and the date by which the tenant must move out.

How much notice do I need to give before evicting a tenant?

The amount of notice required before evicting a tenant depends on the state and the reason for eviction. Typically, landlords are required to give 30 to 60 days' notice before evicting a tenant for nonpayment of rent or violation of the lease agreement.

What are the most common reasons for evicting a tenant?

Apart from non-payment of rent, tenants usually head for eviction due to:

Nonpayment of rent
Violation of the lease agreement (e.g., subletting without permission, having unauthorized pets, damaging the property)
Expired lease term
Illegal activity (e.g., drug use, violence)
Refusal to vacate after the lease has ended or the landlord has given notice to vacate

Can a landlord change the locks or remove the tenant's belongings without a court order?

No, landlords cannot change the locks or shut off utilities to force a tenant to move out. Doing so is illegal and can result in legal consequences for the landlord.

Disclaimer: The information provided on this blog is for general informational purposes only. All information is provided in good faith; however, we do not account for specific situations, facts or circumstances. As such, we make no representation or warranty of any kind whatsoever, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information presented.

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Evicting a Tenant

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