Eviction is the removal of the lessee from the leased property by the owner. In some jurisdictions it can also involve the dismissal of people from a place seized by a mortgagee (often, the previous owner who fails to pay the mortgage).
Depending on the law of jurisdiction, the expulsion may also be known as unlawful detention , ownership summary , summary deprecating , summary process , force detainer , ejectment , and repossession , among other requirements. However, the term evictions is the most commonly used in communication between owners and tenants.
Depending on the jurisdiction involved, before the tenant can be evicted, a landlord must win an eviction suit or win at another step in the legal process. Keep in mind that expulsion , such as with ejectment and other related terms, has the right meaning only in certain historical contexts (for example, under English general law of the past centuries), or in connection with certain jurisdictions. In current practices and procedures, there are many variations in the content of these terms from jurisdiction to jurisdiction. We should not assume that all aspects of the discussion below will apply even in all states or other common law jurisdictions.
Video Eviction
Eviction process
Although the procedure for expulsion is different depending on the specific laws of different jurisdictions, the process generally consists of 1) giving notice to the tenant (and others who are there as well) to take swift action to fix the problem or leave the premises (or, in some cases , unconditionally leaves the premises); 2) if the tenant fails to leave the premises, filed a lawsuit to evict the tenant and regain ownership of the property (together with the amount owed for damages, unpaid rent, and/or court fees and attorney fees) courts, and 3) if tenants are still in place, forcibly remove tenants from them through legal action.
Most jurisdictions do not allow owners to evict tenants without first taking legal action to do so (usually referred to as self-help expulsion, including changing keys, removing items from places, or stopping utility services). Such expulsions are generally illegal at all times during the process (including after a landlord wins the eviction liability); tenants who face such measures can sue landlords. However, self-evictions can be allowed in some jurisdictions when a commercial tenant is involved, as opposed to a residential tenant.
Notifications
Before filing a lawsuit in court for expulsion, the owner generally has to give written notice to the lessee (usually called notification to stop or notification to leave ). An owner may expel a tenant "without cause" (ie, the landlord only wishes to terminate the tenant-owner relationship without a tenant in violation of the lease, such as when the lease expires) or "for reasons" (ie the lessee is a lease violation, such as not paying rent or enabling criminal activity to occur in the place).
Notice to vacate may be conditional (ie, the tenant may remain on site if certain actions are taken before a specified date, such as lease payments and late fees as this is sometimes known as a drug or stop) or unconditionally. (ie, the tenant can not do anything to avoid evictions and must go on a certain date, for example is because the tenant is involved in a criminal activity).
If the termination is without cause, the lessee is generally given a longer period of time (generally 30 days) to vacate than if termination is for cause, in which case the tenant may have a short time (perhaps at least three days) to fix the violation. In some jurisdictions, landlords can not stop rents for no reason (as in lease control jurisdictions). If the law allows, a landlord and a lessee may agree to a different time period for the notice requirements than those specified in law.
Claim and trial
If the lessee retains possession of the property after notice to vacate has expired, the owner will then serve the tenant with a lawsuit.
Depending on the jurisdiction, the tenant may be required to submit a written response with a specified date, after which another date is set for the trial. Other jurisdictions may only require the tenant to appear in court on a specified date. Cases of eviction are often accelerated because of time-sensitive issues (landlords lose rental income while tenants still have). A jury trial may be requested by either party, but until the late 2000s it was very unusual.
If the tenant does not file an answer or appears in court, the owner may then request a default judgment and win the suit automatically, be granted property rights, rent arrears, court fees, and other fees if permitted by law such as attorney's fees or reimbursement for fees other issued by the lessee (such as to repair property damage or unpaid utilities). By submitting an answer or appearing in court, the tenant may state their side of the story, and provide an affirmative defense, such as the landowner not giving proper notice to vacate or that the rent is paid. If the judge or jury is on the side of the tenant, the lessee retains the property, but the judge or jury may still order rental payments in the past, plus fees and fees.
If the landlord wins, the tenant must then move within a certain time, usually less than a week, although the tenant may request a delay in execution or appeal the verdict. In some jurisdictions where the lessee has failed to pay the rent, the law may allow the tenant to have a for redemption , which means the lessee can avoid evictions and remain on the property by paying the full amount of the matured rent, plus all other fees paid to the owner granted by the court, on a specific date.
Removal from property
As noted above, most jurisdictions do not allow an owner to expel a tenant without a legal action being taken first, even if the landlord succeeds in court.
Instead, the owner must obtain a title of ownership from the court and submit it to the appropriate law enforcement officer. The clerk then posts a notice to the tenant on the property that the clerk will remove the tenant and others on the property (although some jurisdictions will not enforce the mail if, on that day, bad weather is occurring).
Tenant's property which is still present on the property may be assigned to the lessee, put into storage for the tenant, placed outside the property, confiscated and sold under the punishment letter (which also the landlord will be required to obtain , although certain items such as personal effects are generally excluded by law from forced sale) and/or are considered abandoned, depending on local law. The rental property was then handed over to the owner.
Depending on the jurisdiction, even after eviction, the owner may still be able to sue the lessee for a "rentover rent" (ie, rent for the period between the date of the lawsuit and the date of actual expulsion) and other items such as unpaid utilities or property damage.
Maps Eviction
No eviction error
When the gentrification and re-population of the city center by the wealthy people takes place, expulsion without error is used as a means to move tenants in the city with lease control. In California, for example, the Ellis Act allows the eviction of rented tenants if the landlord does not wish to rent any part of the apartment building (ie, landlords can not be forced to rent). The Ellis Act has been applied to rentals in San Francisco, Santa Monica and Los Angeles.
Just-cause evictions
Some areas have laws "only cause evictions", which prevent evictions for reasons other than approved lists. For example, Seattle rules require court orders (and in some cases relocation assistance) and allow evictions to:
- Failure to pay rent or late payment after written warning more than four times per year
- The Charterers have failed to correct a lease or law violation of public, sanitary, business unlawful interruptions, or commonly cause warnings issued with corrections made
- The owner's family moved to the unit and no other adequate units are available
- Sales of single family homes
- Tenant employees who are no longer employees
- Remodeling, unloading, or converting to non-residential use
- Violation of legal requirements, such as building conformity or number of hosts
- Tenants living with their owners
- If drug-related crime or health and safety is committed (by tenant or by tenant's permission) on the property, street, or neighbor's property
Massachusetts law allows landowners to evict rental tenants only if one of the three provisions is met:
- Failure to pay rent
- Violation of terms of rental agreement terms by tenant
- Excessive damage that occurs to a rental property by a tenant or person under tenant control
Country
Australia
In Australian states, an expulsion may refer to the legal process of termination of a residence or business lease, or a judicial process in which a mortagee obtains an empty ownership of the property as the owner of the property. The law is country-specific and slightly different from one state to another. The eviction process, however, is generally common. It is unlawful to lock the tenant or force her out of the property without securing an eviction order from the judicial authority. The owner must serve notice of the tenant, requiring him to vacate the premises at the end of the notice period. The notice should describe a valid basis. If the lessee does not leave, the landlord must secure an order from the court or a lease officer authorizing the end of the lease agreement.
Laws in most countries protect tenants if landlords do not act in good faith and force tenants to leave because the latter register complaints to the public authorities against owners to enforce their lease rights. Tenants may move the court to argue at the end of the lease agreement.
Australian law also takes into account the difficulties facing tenants who are likely to pass after being emptied of rent due to age, unavailability of alternative accommodation or illness. A tenant may ask the court to have the eviction order temporarily suspended for a few days.
England and Wales
In this jurisdiction, insofar as it concerns the private sector and the nonprofit sector, the relevant legal basis for ownership claims is Section 1 of the Housing Act of 1988. Section 8 The notice provides landowners with authority to bring ownership claims to the District Court, almost always against tenants who have violated their lease agreement. Only in certain cases is restricted, the Court is obliged to order ownership - usually where more than 2 months or 8 weeks of arrears are paid (Notice "Ground 8"). However, serious violations that the Court can not consider remedy will continue to produce evictions that will take effect within a few weeks.
There is also a procedure of notification of Section 21, which differs from section 8 notification because it can only be acted upon after the fixed term of the lease has elapsed, while section 8 may be served and acted upon during the fixed term of the Insured Ownership of outside lease, or (if there is no term fixed time) even during the first 6 months. Notice s.21 does not require errors on the part of the lessee to be served and acted upon, but if properly serviced, the lessee has no defense in court. Most private sector land owners rely on the procedure s.21, and if only the order of ownership and cost is sought, there will be no trial if the tenant has no defense. Some Housing and Housing Trustees Associations (a.k.a. Registered Social Housing Providers) in the nonprofit sector also use Ground 8 and s.21, but generally only in certain restricted cases.
As a rule, private sector tenancy beginning before February 16, 1989 is still subject to the Lease Act of 1977.
In the public sector ("Council of tenants"), different and generally more liberal regimes Section 4 of the Housing Act of 1985 applies. Similar procedures Pre-trial notices that establish the grounds on which ownership is sought are applicable, though. Under the 1985 Act, the Court is only obliged to evict legitimate tenants if alternative accommodation is available to them, although serious and/or irreparable cases of tenant or irreparable abuse or high rent arrears may also result in the Court ruling that evictions in some week is the only cure.
Some tenants are outside the regime by law for a variety of reasons (some simple things, some technical), and the previous procedure does not need to be followed, though as a rule, Court Order is required for all the most transient types of accommodation. After the time to submit ownership has expired under the relevant Court Order, a warrant enforced by Enforcement Officers is usually required to remove the remaining invaders.
Homeowners who occupy the property under a mortgage; or who have a long housing lease ("leaseholder") are also subject to different procedures.
German
In Germany, an injunction order issued by a court must include a list of all persons to be evicted. If the property is used by someone else, the owner needs a new eviction order. It is unclear how cases are treated where the identity of squatters is unknown. Self-evictions are only allowed if it is clear that the tenant or squatters have moved but refused to return their keys. Landlords are not allowed to keep a backup or a primary key when renting an apartment.
United States
In the United States, rules for eviction and eviction are ruled by individual states, and local districts, and city regulations. See each local city and city city code for unlawful detainer rules by determining the place of court where the expulsion was filed (High Court system) for the full process.
See also
- Forced evictions
- Unlawful evictions and harassment
- Heal or stop
- Ejectment
- Foreclosure
- Rent
- Quiet title
- Register
- Population transfer
- Soldal v. Cook County
References
External links
- Amnesty International - Human Rights for Housing
- Good Cause Eviction (CT)
- Against the Tenants Against Eviction
- New York State housing rights guide
- Anti-Eviction Campaign (South Africa)
- Tenants in Crosshairs from Dollars & amp; Sense, March/April 2009
- Self-eviction to the California Landlord
- National Landlord Tenants Guide to Expel All 50 Countries
- California Consumer Spending Guide
- How the eviction process works in Australia
- How to Expel Your Leggant Tenants
Source of the article : Wikipedia
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