Monday, January 4, 2010

What A Landlord Must Do To Evict A Tenant

A landlord may evict you for violating a provision of your lease, but must do so according to lawful procedures. For example, unless your lease provides otherwise, when you do not pay your full rent, the landlord must first make a clear demand on you for payment of the past-due rent. Then, if you do not pay the rent within ten days (or if you have violated your lease in some other way), the landlord may file a formal "summary ejectment" complaint against you in court describing why you should be ejected.
Many leases permit the landlord to shorten the ten day notice period or avoid it altogether by including a "forfeiture" clause. Such clauses provide that the lease terminates if you do not pay your rent within a specified number of days after it is due and may require no notice or less than ten days' notice before the landlord is permitted to begin the summary ejectment proceeding in court.
At the court hearing, you can, of course, raise defenses. If the magistrate rules in favor of the landlord, you can appeal the decision within ten days. However, you must pay the appropriate rent to the clerk of court while the appeal is pending. If you do not appeal in time, or if the landlord wins the appeal, he can enlist the services of the county sheriff to execute the judgment and evict you. At all times throughout the process, the landlord must use peaceable means to regain his property. "Self-help eviction," such as changing the locks, removing your possessions, or padlocking your door, is not permitted.

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