In Litigation

When does housing eviction occur?

To know when housing eviction may occur once the house has been rented will help you to learn what to do in such a case, while acting in accordance to eviction laws. Prior to evicting a tenant, a judicial resolution must be obtained. 

Reasons why an eviction is presented to a tenant: 

  • Fails to pay the rental.
  • Did not leave the housing once the rental agreement expired.
  • Violated a term of the rental agreement.
  • Caused extensive physical damages to the housing that are still present.
  • Created a severe health danger that is still present in the housing.
  • Participated in illicit activities related to drugs on the property.

An actuary is who must notify the parties involved that there is a case against them. 

Before commencing an eviction, the tenant’s actuary must be identified and granted a written notice. 

There are 3 types of notice with cause: 

  • It is in dicated to pay the rental or abandon the property. The landlord stipulates a determined number of days to pay the rental or leave the place.
  • Abandonment is indicated for violating a specific condition or term of the contract. A certain deadline is conceded to correct the inappropriate behavior or abandon the property. 
  • Unconditional abandonment is indicated. ​​Without opportunity to correct errors or allow the contract to continue, it is limited to certain, well-defined situations. 

The tenant, due to his or her inappropriate actions called ‘’delinquent tenant’’, may act in 3 ways: 

  • In accordance to the eviction notice and move.
  • By solving the defect that originated the eviction and communicating with the lessor to learn if the eviction will proceed.
  • Neglecting the notice and continuing to live in the apartment.

When the tenant chooses the last option, a lawsuit is filed against him or her for the eviction process to continue. 

*Each state has a distinct policy regarding tenant eviction. 

If the ​delinquent tenant refuses to vacate the rented property once the judicial order has been made definitive, and this has been caused due to a lack of resources that could modify the established, the authority will proceed by seizing the tenant’s properties as a consequence of the debit of the payment of the rents. 

*The only way to cease an eviction is by accrediting the right to be there with a legal document that has an authentic date. 

If you are experiencing problems with delinquent tenants, approach QuAdrans law and finance. Our attorneys will provide you with the corresponding advice. 

Legal and Accounting Consulting in Playa del Carmen 

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