Tenant eviction is a legal process which has specific steps that need to be taken in order for it to be in accordance with the law. If there are missteps taken the process may have to start over or there could be consequences and a ruling for the tenant. Below is further information regarding tenant eviction in a month-to-month situation.
Eviction is a legal term meaning a landlord is now reclaiming the property and the tenant will no longer have any rights to said property. Each state has varying rules for eviction, however, there are several similarities for each state and a general process which must be followed.
There are a number of reasons for tenant eviction, in fact, in some states it is allowable to evict a tenant for absolutely no reason if sufficient notice is given. Most cases are due to one or more of the following:
- Non-Payment of rent
- Damaging the property
- unauthorized pets on the property
- unauthorized tenants on the property
- criminal activities
- noise violations
An eviction notice must be given in writing in order to be sufficient. Then there is an allotted amount of time before a tenant must physically be removed from the premises. This timing will vary dependent on the situation, and the timing is also affected if there is no lease and it is a month-to-month situation.
Warning Necessary with No Lease (Month-to -Month)
The rules vary slightly when there is no lease involved with a tenant eviction. For instance, there will most likely be nothing signed regarding damage to the property, noise levels or any unauthorized pets or other tenants. However, if there is criminal activity going on the notice for eviction can still be only 24 hours after the written eviction notice.
In many cases if there is no lease and there is not a reason for eviction the landlord needs to give 30-45 days notice and if the tenant does not leave, the landlord can then proceed with eviction. If the tenant has committed an infraction or is not paying rent you will be able to give a 3-5 day eviction notice depending on the laws in your state.
Getting Legal Help
If you are being evicted or you are evicting a tenant you should consult a qualified attorney in your area. An attorney can help with filing documents in court, making sure deadlines are met and sending notices and paperwork to tenants. Attorneys will be aware of the local laws regarding tenant eviction in your state.