Legal Issues with Residential Tenant Eviction

There are many different legal issues to be dealt with in a tenant eviction, and our current housing market, landlords and property managers are not the only ones evicting tenants. It is becoming more and more common for a bank or their asset management company to evict tenants in a foreclosure situation.

Foreclosures and Tenants

Tenants are often shocked to discover their landlord has fallen behind on their mortgage payments and the house they are living in is being foreclosed on. A new federal law, which was signed in May 2009 called "Helping Families Save Their Home Act" protects tenants by allowing them to stay up to 90 days after the foreclosure sale or through the term of their lease (which ever is earlier).

• Most laws governing rentals, landlords and tenants are at the state level; this is one of a several federal laws which protect tenant rights. Another set of federal laws protecting tenants are the Fair Housing laws.

Fair Housing

The Fair Housing laws protect tenants from being discriminated against because of their race, color, national origin, religion, sex, familial status or handicap. You cannot be denied housing, or have the terms of your housing changed because of any of these things. Landlords and property managers need to be careful to abide by Fair Housing laws when it comes to all decisions regarding housing, rentals and evictions.

State Laws

Most laws that cover evictions are state laws, and often municipalities within a state will have additional laws. You must be careful to know and abide by your local laws. In general, there are three main reasons a landlord can use to evict a tenant:

1. Non-payment of rent.
2. Lease has expired.
3. Tenant is a nuisance or a poses a threat to others.

Non-Payment of Rent Examples

As stated earlier, landlord-tenant laws will vary depending on the state, and possibly even the county or city that you live in. In Connecticut a landlord can begin the eviction process against a residential tenant on the tenth day after the rent was due and it remains unpaid.

• In Wyoming, a landlord can give a tenant written notice to vacate on the fourth day after the rent is due, and take them to court for an eviction after the 7th day the rent is unpaid.
• In Florida, a landlord wishing to evict a tenant for non-payment of rent has first serve the tenant with a Three Day Notice, giving the tenant three days (not counting weekends and legal holidays) to pay their rent or the landlord can file a Complaint for Eviction.

Get Legal Help

There are a myriad of legal issues that go along with residential tenant eviction. Of course, your first best course of action is to have written lease or rental agreement which clearly stipulates the terms and conditions of the rental period, and what remedies are available to the landlord in case of breach. Contact an attorney today if you are planning to rent property, or if you need to evict a tenant; they can ensure you follow all of the correct federal, state and local laws governing evictions.