Rental Eviction Rules

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    • Know the laws of rental evictiongavel image by Cora Reed from Fotolia.com

      Rental evictions can be a stressful process for both the tenant and the landlord. Many rental evictions are caused by actions by the tenant although there are cases of landlords not fulfilling their end of the agreement. It is important to know the state laws to ensure the legality of any rental contract or agreement. There are a few rental eviction rules to know and understand.

    Legal Eviction

    • According to the Rental Eviction Resources website, legal evictions (actual evictions) is where a landlord or a property manager begins legal proceedings based on the following occurrences: the tenant stops paying rent or damages rental property; breaks a law or a local ordinance; breaks the lease; uses the rental property for purposes not covered in the lease; threatens the landlord or property manager; or the lease term ends.

    Constructive Eviction

    • When a landlord forces the tenant to leave the rented property by making it uninhabitable or interferes with the tenant's ability to use the rented property, the tenant may legally terminate the lease. This is the case even when the lease has not expired.

    Violation Eviction

    • If you fail to follow the rental agreement--by keeping a junk car in the front yard or having forbidden pets, for example--the landlord can give a notice to fix the violation and must state the amount of time the tenant has to correct this. If the tenant fixes the violation in the time stated then there can be no eviction. If the tenant does not, he may receive an eviction notice.

    Lease Expiration Eviction

    • In some states, a landlord can give a tenant an eviction notice without giving a reason. The average amount of time for an eviction notice is 30 to 60 days but it can be shorter or longer depending on the state. This eviction notice cannot be given to a tenant with a lease until the lease has expired.

    No Lease Eviction

    • Tenants without a lease paying rent on a monthly basis only need to receive a written notice to terminate the lease. The time for a written notice in this situation is usually 30 to 45 days. If the tenant does not leave at the end of the time stated, the landlord can evict the tenant.

    Unlawful Rental Evictions

    • There are reasons that property managers and landlords cannot evict a tenant, says website Rent Law. Tenants cannot be evicted based on age, sex, race, religion or other discriminatory factors. Landlords and property managers cannot evict a tenant by shutting off utilities, removing a tenant's belongings or changing the locks on the property rental. Tenants cannot be evicted because the tenant complains against the landlord or engages in legal activities that the landlord does not agree with.

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