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.
